Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4630

House Bill No.

Introduced by Representative LAWRENCE LEMUEL H. FORTUN
and Representative MA. ANGELICA M. AMANTE-MATBA

EXPLANATORY NOTE

This bill seeks to create Barangay Casiklan in the Municipality of Las Nieves, Agusan del
Norte, through a Congressional Act, to enable it to invoke and access its just share in the national
taxes for the benefit of its constituencies.

Article X of the 1987 Constitution provides

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Section 6. Local government units shall have a just share, as determined by law, in the
national taxes which shall be automatically released to them.

Section 7, Local governments shall be entitled to an equitable share in the proceeds of the
utilization and development of the national wealth within their respective areas, in the manner
provided by law, including sharing the same with the inhabitants by way of direct benefits.

XXX

Barangay Casiklan is a large mountainous barangay in the western side of the Municipality
of Las Nieves situated at the southern border of the Province of Agusan del Norte. It has a
population of 2,066 based on the 2015 census and is host to a number of indigenous cultural
communities, particularly those belonging to the Higaonon tribe.

In 1996, the Sangguniang Panlalawigan of Agusan del Norte passed Ordinance No. 025-
96 which sought the separation of Sitio Casiklan from Barangay Durian to become Barangay
Casiklan, This was ratified through a plebiscite conducted by the Commission on Elections in
compliance with Section 10 of Republic Act No. 7160, or the Local Government Code of 1991
and thus, Sitio Casiklan became a barangay.

While the barangay government of Casiklan has been in existence and operating as such
for almost two decades, it continues to struggle in providing basic services to its constituents due
largely to limited funds. It being a creation of the provincial government, Barangay Casiklan does
not receive a regular share in the internal revenue allotment provided for in the Local Government
Code. At present, its funding comes from the annual subsidies it receives from the provincial and
municipal governments. This is consistent with Section 285 of the Local Government Code which
provides that the financial requirements of barangays created by local government units after its
effectivity shall be the responsibility of the local government unit concerned.


With a fast growing population and constantly increasing requirements, it is essential that
Barangay Casiklan be fiscally empowered in order for it to effectively meet the pressing needs of
its constituents and pursue its development agenda in the short, medium and long terms.
Currently, with its status and meager resources, it survives almost solely on the subsidies extended
by the provincial and municipal governments. ‘Thus, the passage of a national law creating and
recognizing Barangay Casiklan ay regular barangay has become imperative and indispensable.

In-view of the foregoip, the immediate passage of this bill is most earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4630
House Bill No.

Introduced by Representative LAWRENCE LEMUEL H. FORTUN
and Representative MA. ANGELICA M. AMANTE-MATBA

AN ACT
CREATING A BARANGAY TO BE KNOWN AS BARANGAY CASIKLAN IN THE
MUNICIPALITY OF LAS NIEVES, PROVINCE OF AGUSAN DEL NORTE

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

SECTION 1. Creation of Barangay Casiklan. - There shall be created a Barangay in the
Municipality of Las Nieves, Province of Agusan del Norte, to be known as Barangay Casiklan,

SEC.2. Territorial Boundaries. - The territorial jurisdiction of Barangay Casiklan shall
be the actual area as reflected in the sketch plan prepared by the Municipal Assessor of Las Nieves,
described as follows:

Beginning at the point marked “1” on the plan being due west, 7,300 meters from MBM
#10, Las Nieves, Agusan del Norte; thence S 0-30 E; 2,676 meters to point 2; thence due west;
1,640 meters to point 3, thence $ 31-30 E 1,360 meters to point 4 thence S 40-0 W, 480 meters to
point 5; thence N 73-0 W, 1,770 meters to point 6; thence N 64-51 W 1,850 meters to point 1,
point of beginning, containing an area of 3,873.0600 hectares, more or less bounded on the North,
by the Municipality of Buenavista, Province of Agusan del Norte on the East, by Barangay Ibuan,
Las Nieves, Agusan del Norte, on the South, by Barangay Durian the mother barangay of newly-
created Barangay Casiklan, and on the west by Misamis Oriental.

SEC. 3. Conduct and Supervision of Plebiscite. — The plebiscite conducted and
supervised by the Commission on Elections (COMELEC) on August 26, 2000, in the ratification
of the creation of Barangay Casiklan pursuant to Provincial Ordinance No. 025-96 of the
Sangguniang Panlalawigan of the Province of Agusan del Norte, shall serve as substantial
compliance with the plebiscite requirement under Section 10 of Republic Act 7160, as amended,
otherwise known as the “Local Government Code of 1991.”

SEC. 4. Incumbent Barangay Officials. - The incumbent barangay officials of Barangay
Casiklan continue to hold office until such time that their successors have been duly elected and

qualified.

SEC. 5. Public Infrastructure and Facilities, — All 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. -


SEC. 6. Internal Revenue Allotment Shares. — Barangay Casiklan shall be entitled to
Internal Revenue Allotment (IRA) pursuant to Section 285 of Republic Act No. 7160, as amended,
otherwise known as the Local Government Code of 1991.

SEC.7. _ Effectivity.— This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved.