Government and Internal Administration of the State


CHAPTER XIII Government and Internal Administration of the State


Article 99
  1. For the government and the internal administration of the State, the territory of the Republic is divided into regions and these into provinces. To the effects of local administration, the provinces shall be divided into districts.
  2. The alteration of the boundaries of the regions, as well as the creation, modification and suppression of provinces and districts, shall be a matter of law. The same applies for determining the capitals of regions and provinces; all of which is to be done on the proposal of the President of the Republic.
  3. Government and Regional Administration
Article 100
  1. The government and the higher administration of each region rest with the Intendant, who shall be of the exclusive confidence of the President of the Republic.
  2. The Intendant shall perform said functions in accordance with the law and with the orders and instructions of the President whose natural and immediate agent he is in his jurisdictional territory.
  3. The Intendant shall be entrusted with the making of the development policy of the region, according to the national plans, and with the supervision, coordination and inspection of public services, with the exception of the Office of the Comptroller General of the Republic and the Courts of Justice.
  4. The law shall establish the manner in which the Intendant shall exercise these powers, the other faculties conferred upon him and the Bodies which shall advise him.
Article 101
  1. Established in each region shall be a Regional Development Council, headed by the Intendant and composed of the Governors of the respective provinces, a representative of each of the institutions of the Armed Forces and Armed Police with seat in the respective region, and by Members appointed by the principal public and private Bodies performing activities in the territorial area of the region. The majority of the Members of said council shall represent the private sector.
  2. A constitutional organic law shall determine, according to the characteristics of each region, the number of Members of the Council, the form of appointment and duration in their posts, and matters related to organization and functioning of the Council, and the cases in which public officials integrating such Council shall have the right to vote.
Article 102
  1. The function of the Regional Council is to advise the Intendant and contribute to the effective participation of the community in the economic, social and cultural progress of the region.
  2. The law shall determine the matters on which consultation of the Intendant with the council shall be mandatory and those in which the agreement of the council shall be necessarily required. In any case, such agreement shall be required for the approval of projects related to the regional development plan and to the regional budget. The decision on the distribution of regional development funds shall rest with the Council.
  3. The Regional Councils shall have the other powers provided for by the Constitution and the law.
Article 103
  1. The law shall provide for, with the appropriate exceptions, the regional decentralization of the Ministries and Public Services as well as the procedures to ensure their due coordination and facilitate the exercise of the powers of the regional authorities.
Article 104
  1. Notwithstanding the funds allotted to the regions in the Budgetary Law of the Nation, said law shall provide for a percentage of the total revenues of said budget to be distributed among the regions of the country, known as the national fund for regional development. The law shall establish the manner in which this fund is to be distributed.
Government and Provincial Administration

Article 105
  1. The government and the higher administration authority in each province are vested in a Governor who is subordinate to the respective Intendant and who shall be of the exclusive confidence of the President of the Republic.
  2. The Governor is entrusted with the supervision of public services in the province, in compliance with instructions from the Intendant. The law shall determine the powers which the Intendant may delegate upon the Governor as well as those pertaining to him.
Article 106
  1. Governors may, in the cases and in the manner prescribed for by law, appoint delegates to carry out their authority in one or more localities.
Administration of Districts
Article 107
  1. Local administration of each district or group of districts established by law, is vested in a Municipality, constituted by the Mayor, who is its superior authority, and by the respective District's Council.
  2. Municipalities are public-law corporations with legal capacity and patrimony of their own, the objective of which is to satisfy the needs of the local community and ensure its participation in the economic, social and cultural progress of the district.
  3. A constitutional organic law shall determine the powers of the Municipalities and the terms of office of Mayors.
  4. The Municipalities and other Public Services existing in the respective district shall coordinate their action in conformity with the law.
Article 108
  1. The Mayor shall be appointed by the respective Regional Development Council on the proposal of the District's Council in ternary. The Intendant shall have the right to veto said ternary for one time only.
  2. However, the Mayor shall be appointed by the President of the Republic in those districts which the law may determine, taking into account the population and the geographical location thereof.
  3. Mayors may, in the cases and in the manner determined by the law, appoint delegates to carry out their authority in one or more localities.
Article 109.
  1. In each Municipality there shall be a Council for Community Development, presided over by the Mayor. It shall be composed of representatives of Community Organizations of a territorial and functional nature, and of the relevant activities in the district, with the exception of those of a guild or union nature, and of the public administration.
  2. The constitutional organic law relative to Municipalities shall determine, according to the characteristics of each district, the number, form of designation and term of office of the Council Members, as well as everything related to the organization and functioning of the Council.
Article 110
  1. The function of the Council for Community Development is to advise the Mayor and ensure the effective participation of the community in the economic, social and cultural progress of the district.
  2. The law shall determine the matters on which the Mayor's consultation with the Council shall be mandatory as well as those on which the agreement of the Council shall be necessary. In any case, such agreement shall be required for the approval of projects in connection with the community development plan and the municipal budget.
Article 111

The Budgetary Law of the Nation may finance the functioning costs of the Municipalities.
General Provisions

Article 112

The law may establish the coordination formulas for the administration of all or any of the Municipalities of the regions, regarding their common problems, as well as the existing Public Services in the corresponding region.

Article 113
  1. To be appointed Intend ant, Governor or Mayor, it is required that the person be a citizen with the right to vote and other qualifications described in the law.
  2. The posts of Intend ant, Governor and Mayor are incompatible with each other. Excluded from these norms are regional Intend ants who may be Governors of a province which is head of a region.
  3. The aforementioned incompatibility shall not apply to Mayors appointed by the President of the Republic.
  4. No Court may undertake criminal action against an Intend ant or Governor without the pronouncement of the respective Court of Appeals on the existence of grounds for a process of law.
Article 114

The law shall establish the grounds on which Mayors, designated by the Regional Councils and Members integrating those Councils and those of the districts, should cease to hold their offices.

Article 115
  1. The law shall determine the manner for settling questions of competence which might arise among national, regional, provincial and community authorities.
  2. It shall, likewise, establish the manner for reconciling discrepancies which occur between the Intendant and the Regional Councils, and between the Mayor and Community Councils, with regard to the approval of projects relative to development plans and budgets, respectively.