SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES)
Third Regular Session J

HOUSE OF REPRESENTATIVES —

House Bill No._ 5987

Introduced by Susan A. Yap

EXPLANATORY NOTE

The barangay is at the frontline in the delivery of basic services to our people. As the
most basic political unit, it serves as “the primary planning and implementing unit of government
policies, plans, programs, projects and activities in the community, and as a forum wherein the
collective views of the people may be expressed, crystallized and considered” (Sec, 384, Local
Government Code).

The Local Government Code of 1991 (RA 7160), as amended, was enacted to give flesh
to the constitutional mandate of local autonomy by establishing a more responsive and
accountable local government structure instituted through an efficient system of decentralization.
Essentially, this system is geared towards empowering local government units (LGUs) to achieve
their full development as self-reliant communities, making them more effective and meaningful
partners in the attainment of the nation’s goals.

‘The creation of barangays,' upon proper compliance with the requirements set by the
Constitution and the Local Government Code, is intended to bolster the capability of local
governments to efficiently and effectively perform their respective functions, duties and
responsibilities in the name of autonomy, decentralization and national growth and prosperity.

Section 6, Article X of the Constitutions states: “Local government units shall have a just
share, as determined by law, in the national taxes which shall be automatically released to them”.
The Internal Revenue Allotment (IRA) incorporated in the general appropriations law enacted
annually by the legislature is the “just share” contemplated by the constitutional mandate.

Under Section 285 of RA 7160, barangay units are entitled to twenty percent (20%) of
the IRA share of local government units from collected national taxes. However, the last
paragraph of the same provision excludes barangays created by local government units through
their respective local legislative bodies from receiving the constitutionally-mandated equitable
share in the nation’s internal revenue taxes. The Code provides: “ x x x the financial
requirements of barangays created by local government units after the effectivity of this
Code shall be the responsibility of the local government unit concerned” (emphasis and
underscoring applied). In other words, the financial requirements of barangays created after the
effectivity of the Code shall be bore by the LGUs creating them. Thus, newly created barangays

Under Section 385 of RA 7160, a barangay may be created, divided, merged or abolished, or its boundary
substantially altered by law or by an ordinance of the sangguniang panlalawigan or sangguniang panlungsod, subject
to approval by majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government
unit or units directly affected within such period of time as maybe determined by law or ordinance creating said
barangay.


are at the mercy of their parent LGUs, which if not so concemed will leave said barangays
fending for themselves.

The IRA is clearly an indispensable component in the grant of meaningful and true fiscal
autonomy to LGUs, However, the non-accordance of these resources to the LGUs covered by the
last paragraph of Section 285 of the Local Government Code is not in accord with the operative
principles of decentralization and, fundamentally, with the express entitlement mandated by the
Constitution.

Having been created after the effectivity of the Local Government Code through a local
ordinance, Barangay Care in the City of Tarlac, Province of Tarlac, is one such barangay
excluded from a share in the IRA. It only depends on provincial assistance and city aid from the
local government of Tarlac.

Barangay Care was a former sitio of Brgy. Tibag in the City of Tarlac. It was separated
from its Mother Unit, Brgy. Tibag, and became an independent barangay through Provincial
Ordinance No. 2 Series of 1991 of the Sangguniang Panlalawigan of the Province of Tarlac
entitled “An Ordinance Approving the Creation of Barangay Care out of its Mother Unit,
Barangay Tibag, in the Municipality of Tarlac”. In March 14, 1993, COMELEC conducted a
plebiscite ratifying the creation of Brgy. Care to its residents. The first set of barangay officials
were re-appointed by then Provincial Governor, Hon. Margarita Cojuangco. Since then, elections
for barangay officials were held regularly.

Barangay Care is composed of seven (7) zones, and one (1) sitio namely, Sitio Paquillo
which is a part of Zone 7. There are few business establishments and small enterprises in the area
such as poultries and sari-sari stores, while most families rely on farming.

This bill intends to rectify the omission by declaring Barangay Care in the City of Tarlac,
Province of Tarlac as a government entity ‘created pursuant to Section 385 of the Local
Government Code of 1991, thereby entitling Barangay Care to IRA shares generally allocated to
barangays under the law. It seeks to re-create Barangay Care and grant IRA for the betterment of
its operations, as well as its residents. With ample funding, thriving of Barangay Care would be
achieved, access to government services would be unchallenging, and the standard of living in
the area would be uplifted.

In order to help Barangay Care attain sustainable development, and a more accessible
government services for its residents, the passage of this bill is earnestly sought.

REP. SUSAN


SIXTEENTH CONGRESS
OF THE REPUBLIC OF THE PHILIPPINES)
Third Regular Session )

HOUSE OF REPRESENTATIVES

5987

House Bill No.

Introduced by Susan A. Yap

AN ACT CREATING A BARANGAY TO BE KNOWN AS BARANGAY CARE IN
THE CITY OF TARLAC, PROVINCE OF TARLAC

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Creation of Barangay Care. Sitio Care in Barangay Tibag, City of Tarlac,
Province of Tarlac which was separated from Barangay Tibag and constituted as Barangay Care
under Provincial Ordinance No, 2 Series of 1991 is hereby created and shall hereafter be known
as Barangay Care.

The technical description of Barangay Care shall be as follows:

“The boundary between Tibag, the mother barangay and the new barangay of
Care shall be running along halfway from point marked “A” which is Sapang
Maragul bridge to point marked “B” (via concrete barangay road) which is Tibag
bridge; then running irregularly along the Sapang Maragul creek extension
halfway from point marked “B” to point marked “C” the tip of the boundary
between Barangay Tibagan and Tibag; then from point marked “C” to point
marked “D” with a distance of 2,330 meters as referred from the original map of
Barangay Tibagan similarly presented in this map); then from point marked “D”
to point marked “E” with a distance equivalent to 2,010 meters being the
boundary with Barangay Pao as referred from specified distance of 3,460 meters
from point marked “O” or BBM 102 to point marked “E” or BBM 97 minus point
intercept “D” which is 1,450 meters from BBM 102 together with the creation of
Barangay Tibagan; then finally from point marked “E” or BBM 97 to point of
origin of point marked “A” or BBM 98 with a distance of 4,550 meters (being the
boundary line with Barangay Sapang Maragul (as referred from PPDO map
reflecting survey of 1932-1937.”

SECTION 2. Conduct and Supervision of Plebiscite~ The plebiscite conducted and
supervised by the Commission on Elections (COMELEC) in Barangay Care, pursuant to
Provincial Ordinance No. 2 Series of 1991 of the Sangguniang Panlalawigan of the Province of
Tarlac, which finally ratified the creation of Barangay Care as proclaimed by the City Board of
Canvassers on March 14, 1993 shall serve as substantial compliance with the plebiscite
requirement under Section 10 of Republic Act No. 7160, as amended, otherwise known as the
“Local Government Code of 1991”.



SECTION 3. Incumbent Barangay Officials The incumbent barangay officials of
Barangay Care shall continue to hold office until such time that their successors shall have been
duly elected and qualified.

SECTION 4. Public Infrastructures and Facilities All existing public infrastructures
and facilities for public use existing therein at the time of the approval of this Act are hereby
transferred without cost or compensation to and shall be administered by the new barangay.

SECTION 5. Internal Revenue Allotment Shares. Barangay Care shall be entitled to
Internal Revenue Allotment (IRA) shares pursuant to Section 285 of Republic Act No. 7160, as
amended, otherwise known as the “Local Government Code of 1991”,

SECTION 6. Separability Clause. — If, for any reason, any part or provision of
this Act is declared unconstitutional or invalid, the other parts or provisions which are not
affected thereby shall continue to be in full force and effect.

SECTION 7. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in any newspaper of general circulation.

Approved,