Republic of the Philippines 4
HOUSE OF REPRESENTATIVES = //«:” pECEIVED
Quezon City 3 paTesdt ii

ni,

NINETEENTH CONGRESS
First Regular Session

House Bill No. 1705

Introduced by Representative
HORACIO P. SUANSING, JR.

AN ACT
CREATING BARANGAY LEGODON
IN THE MUNICIPALITY OF ESPERANZA, PROVINCE OF SULTAN KUDARAT

EXPLANATORY NOTE

This bill seeks to create Barangay Legodon, under the Municipality of Esperanza,
Province of Sultan Kudarat, as a separate and regular Tribal Barangay created pursuant to
Section 386 (a) of Republic Act No. 7160 as amended, otherwise known as the Local
Government Code of 1991, in connection with Section 18 of Republic Act No. 8371 or the
Indigenous Peoples Rights Act of 1997.

On June 4, 2009, Barangay Legodon was created by the Provincial Government of
Sultan Kudarat by adopting Resolution No. 21-11"-SP-'09 of the Sangguniang Panlalawigan
enacting Ordinance No. 01-09, through the recommendation of the Sangguniang Bayan of
Esperanza. It is composed of fifteen (15) Puroks including Legodon, Topos, Mangayao, Tudi,
Bungo-bungo, Apus Kislanay, Dapulan, Tudoc Midulow, Atir, Kesiyor, Baklag, Mekedapang,
Tigbowen, Nabugsudan, and Kitakal.

According to Section 385 of R.A. 7160 or the Local Government Code, a Barangay
may be created either by law or by an ordinance. It provides:

A barangay may be created, divided, merged, abolished, or its boundary
substantially altered, by law or by an ordinance of the Sangguniang
Pantalawigan or Sangguniang Panlungsod, subject to approval by a majority of
the votes cast in a plebiscite 10 be conducted by the COMELEC in the local
government unit or units directly affected within such period of time as may be
determined by the law or ordinance creating said Barangay. In the case of the
creation of Barangays by the Sangguniang Panlalawigan, the recommendation
of the Sangguniang Bayan concerned shall be necessary.

However, Section 285 of the same Code also provides that "the financial requirements
of the barangay created by local government units after the effectivity of the Local


Government Code shall be the responsibility of the local government units concerned." Thus,
Barangay Legodon, which was created through an ordinance, had never received a share from
the Internal Revenue Allotment (IRA) of barangays. The lack of IRA share has caused
financial challenges to the Barangay and impeded the effective discharge of its duties and
responsibilities to support the needs of its constituents, as well to provide the basic social
services mandated by law.

This bill calls for the recreation of Barangay Legodon in the Municipality of Esperanza,
Province of Sultan Kudarat as a government unit pursuant to Section 385 of the Local
Government Code of 1991, thereby entitling the same to IRA shares allocated to barangays
under the law.

The immediate approval of this bill is earnestly sought."

HORACI UANSING, JR.
Second Distfict of Sultan Kudarat

' This bill was initially filed in the 18 Congress by Rep. Horacio P. Suansing, Jr


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No.1 705

Introduced by Representative
HORACIO P. SUANSING, JR.

AN ACT
CREATING BARANGAY LEGODON
IN THE MUNICIPALITY OF ESPERANZA, PROVINCE OF SULTAN

IDARAT

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

SECTION 1. Creation of Barangay Legodon — There is hereby created a barangay
to be known as Barangay Legodon in the Municipality of Esperanza, Province of Sultan
Kudarat.

The territorial boundaries of Barangay Legodon are in accordance with the metes and
bounds in Ordinance No. 01-09 of the Sangguniang Panlalawigan of the Province of Sultan
Kudarat creating Barangay Pag-asa, as ratified by the plebiscite conducted and supervised by
the Commission on Elections (COMELEC).

SECTION 2. Conduct and Supervision of Plebiscite — The plebiscite conducted and
supervised by the Commission on Elections (COMELEC) pursuant to Provincial Ordinance
No. 01-09 of the Sangguniang Panlalawigan of the Province of Sultan Kudarat on June 4,
2009, which ratified the creation of Barangay Legodon, shall serve as substantial compliance
with the plebiscite requirement under Section 10 of Republic Act No. 7160 or the Local
Government Code of 1991, as amended.

SECTION 3. Incumbent Barangay Officials — The incumbent barangay officials of
Barangay Legodon, Municipality of Esperanza, Province of Sultan Kudarat, shall continue to
hold office until such time that their successors have been duly elected and qualified.

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

SECTION 5. Internal Revenue Allotment Shares — Barangay Legodon 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 any provision or part hereof is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof.

SECTION 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,