Republic of the Philippines

Region XII
Province of Cotabato
PROVINCIAL LEGAL OFFICE
Amas, Kidapawan City
Contact No. (064) 521-8080 (local 1190)
email add: plo_northcot@yahoo.com

OPINION NO. _________

____, 2022

HON. EMMYLOU J. TALIÑO - MENDOZA

Governor
This Province

Thru: MS. AURORA P. GARCIA

Provincial Administrator
This Province

Ma’am:

This has reference to your endorsement of a draft Executive Order entitled “An
Order Reorganizing the Gender and Development Multi-Sectoral Council
(GADMSC) of the Province of Cotabato” dated August 26, 2022 and was received
by this office on an even date, for legal opinion.

The creation of the aforementioned council is pursuant to Section 56 and 57 of

Provincial Ordinance No. 273, s. 201 of Cotabato, as amended. Per ordinance the
council shall serve as the coordinating, consultative, and advisory body of the
Province relative to the gender and development policies, strategies, programs and
projects. Likewise the ordinance was premised on Republic Act 9710, otherwise
known as the Magna Carta for Women.

Moreover, the foregoing E.O. is in compliance with Section 465(b)(2)(iii) of Republic

Act No. 7160 otherwise known as the Local Government Code provides that the
provincial chief executive shall “Enforce all laws and ordinances relative to the
governance of the province and the exercise of its corporate powers provided for
under Section 22 of this Code implement all approved policies, programs,
projects, services and activities of the province” and, in addition to the foregoing,
shall xxx “(iii) Issue such executive orders as are necessary for the proper
enforcement and execution of laws and ordinances”.

Premises considered and save for some clerical errors and some addendums, we
found no legal infirmity in the foregoing E.O. hence, valid. As such, no objection is
hereby interposed for the issuance thereof by the Honorable Governor of this
Province.

The recommendations referred in the immediately preceding paragraph of the

foregoing E.O. are the following, to wit:

I. In Section 1(2), please delete Hon;

II. In Section 1(4), (8) and (10), put semi colon following the names of the members
of the council;

III. In Section 10, put the conjunction “and” following the semi colon;
“The Welfare of the People is the Supreme Law”
 Republic of the Philippines
Region XII
Province of Cotabato
PROVINCIAL LEGAL OFFICE
Amas, Kidapawan City
Contact No. (064) 521-8080 (local 1190)
email add: plo_northcot@yahoo.com

IV. Please include the following as an addendum to the E.O:

 SECTION 3

The secretariat shall perform the following functions:

a. Plan and schedule meetings of the council which includes but not limited: to
preparation of agenda, ensure the presence of quorum necessary or required for
validity of any action taken by the council on any agenda calendared for
consideration and prepare minutes thereof;

b. Maintain effective records management for both paper and electronic files;

c. Prepare communications and correspondence on behalf of the council;

d. Coordinate with government and non-government gender and development

stakeholders;

e. Perform other liaising task as may be necessary to carry out the objectives of
this E.O.”

 SECTION 4

The Council shall perform the following functions:

a. Facilitate the implementation of laws, rules and regulations relative to gender

and development that is based on the priority needs and concerns of
constituencies of and employees of this Province;

b. Assist in the formulation of gender and development plans, programs and

activities to enhance the existing GAD policies;

c. Maintained linkages with other LGU’s, concerned agencies or organizations

working on women’s rights, gender equality and other related advocacies, so as
to harmonize and synchronize GAD efforts at all levels of local governance ;

d. Collect and consolidate data relative to the implementation of GAD programs,

projects and activities; and

e. Monitor implementation of GAD policies and and if necessary recommend the

formulation and/or revision of existing policies, to address the problems
encountered during the course of implementation.

 SECTION 6

In case of death, permanent disability, serious illness, and resignation of the

Chairperson, and such other causes that may prevent him/her to discharge his/her
functions under this E.O., the Vice-Chairperson shall become the Chairperson for the
unserved term.The sitting Chairperson shall choose the Vice-Chairperson from
among the remaining members.

“The Welfare of the People is the Supreme Law”

 Republic of the Philippines
Region XII
Province of Cotabato
PROVINCIAL LEGAL OFFICE
Amas, Kidapawan City
Contact No. (064) 521-8080 (local 1190)
email add: plo_northcot@yahoo.com

 SECTION 7

Please specify what committees are to be created and their functions, this may be
based on the committees created by the previous council.

 SECTION 10

 However should be deleted as this is redundant.

 Delete the excess period.

 SECTION 3. MEETINGS AND QOURUM. The council shall hold regular

meetings once every quarter on the day, time and place to be determined by the
task force. Special meetings may be called by the chairman or majority of the
members of the task force. Majority of the members of the task force shall
constitute quorum to do business.

V. The Chairperson and Vice-chairperson of the council shall be the designated

by the provincial governor, not elected pursuant to Rule 70, Article III of
Executive Order No. 2, s. 2015 IRR of provincial ordinance no. 535, s. 2014,
thus it is only proper that Section 5 thereof be culled out.

VI. All Executive Issuances of the Governor should be furnish to the incumbent
President of the Philippines, accordingly please write on the fourth(4th) page
lower side portion of the E.O. the following:

CC: His Excellency Ferdinand R. Marcos, Jr.

President
Republic of the Philippines
Malacañang Palace, Manila

For your reference and perusal.

BY:

ATTY. JOHN HAYE C. DELUVIO

Provincial Legal Officer
OPINION/Atty. Diosa Mae

“The Welfare of the People is the Supreme Law”