The proposed province was to compose all municipalities of Davao del Sur under the 2nd legislative district at that time.

Bautista's version of the law has a more limited scope with the municipalities of Santa Maria, Malita, Don Marcelino, Jose Abad Santos and Sarangani proposed to form Davao Occidental.

[2][3] By virtue of Republic Act 10360 enacted on July 23, 2013, the province is the newest in the country, carved out from the southern part of Davao del Sur.

RA 10360 was passed by the House of Representatives and Senate on November 28, 2012, and December 5, 2012, respectively, and signed by President Benigno Aquino III on January 14, 2013.

A majority vote of those who participated in the plebiscite was required to approve or disapprove the creation of Davao Occidental.