H. No. 391 / 65 OG No. 6, 1259 (February 10, 1969)

[ REPUBLIC ACT NO. 4867, May 08, 1967 ]

AN ACT CREATING THE PROVINCES OF DAVAO DEL NORTE, DAVAO DEL SUR AND DAVAO ORIENTAL.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1. The Province of Davao is hereby divided into three provinces to be known as Davao del Norte, Davao del Sur, and Davao Oriental, in the following manner: The Province of Davao del Norte shall consist of that portion of the present Province of Davao which comprises the Municipalities of Babak, Samal, Tagum, Sto. Tomas, Asuncion, Kapalong, Panabo, Nabunturan, Mon-Kayo, Mawab, Mabini, Compostela, and Pantukan; the Province of Davao del Sur shall consist of that portion of the present Province of Davao which comprises the Municipalities, of Sta. Cruz, Digos, Matanao, Bansalan, Hagonoy, Padada, Sulop, Malalag, Malita and Jose Abad Santos; the Province of Davao. Oriental shall consist of that remaining portion of the present Province of Davao which comprises the Municipalities of Lupon, Governor Generoso, Mati, Manay, Caraga, Banganga and Cateel.SEC. 2. The capital of Davao del Norte shall be the Municipality of Tagum, that of Davao del Sur shall be the Municipality of Digos, and that of Davao Oriental shall be the Municipality of Mati.SEC. 3. Except as hereinafter provided, all provisions of law now or hereafter applicable to regular provinces shall be applicable to the Provinces of Davao del Norte, Davao del Sur and Davao Oriental.SEC. 4. The incumbent elective provincial officials of the present Province of Davao shall choose the province wherein they want to serve their unexpired terms in office: Provided, That the new elective provincial positions not filled by the incumbent elective provincial officials of the present Province of Davao shall be filled by appointment by the President of the Philippines with the consent of the Commission on Appointments and shall hold office until their successors shall have been elected and shall have qualified in the elections of nineteen hundred and sixty-seven: Provided, further, That residents of Davao City are hereafter disqualified to vote for candidates for provincial elective position: Provided, furthermore, That three months before the elections of November, nineteen hundred and sixty-seven, the incumbent congressman of the present Province of Davao shall choose and indicate in writing filed with the Secretary of the House of Representatives the province he shall represent: Provided, finally, That a special election will be held in the elections of nineteen hundred and sixty-seven for the representatives in each of the two new provinces which shall not be represented.SEC. 5. The Provinces of Davao del Norte, Davao del Sur and Davao Oriental shall each have one representative: Provided, That for the purposes of congressional representation, the City of Davao shall be included in the Province of Davao del Sur.SEC. 6. The funds, obligations and the assets of all kinds of the present Province of Davao subsisting at the time of the effectivity of the creation of the three provinces herein created shall be distributed among the three provinces proportionately with the income of the municipalities comprising the same: Provided, however, That if the obligation had been contracted to finance a project belonging to any one of the three provinces, the said province shall be responsible exclusively for such obligation.SEC. 7. The incumbent provincial appointed officials and employees in the Province of Davao shall likewise perform their respective duties as such in any of the three provinces therein created which they shall individually choose within thirty days from the date of approval hereof: Provided, That they shall continue to receive the salaries they are receiving at the time of the approval of this Act until the new readjustment of salaries in accordance with existing laws. Such incumbent officers and employees as may be necessary to organize, or to complete, the government personnel of any of the three provinces shall be appointed according to law.SEC. 8. This Act shall take effect upon its approval.Approved, May 8, 1967.

Source: Supreme Court E-Library