HOUSE OF REPRESENTATIVES
RECEIVED
pate. 27 JUL 2016
—_—
TUNis:_Leies pm
BY;

Republic of the Philippines
HOUSE OF REPRESENTATE
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

RrerstRaT
BILLS ION UNIT

House Bill No. 2003 SAN) WNoex service

Introduced by Representative MYLENE J. GARCIA-ALBANO-

EXPLANATORY NOTE

This bill seeks to divide Barangay Pampanga in the City of Davao into three (3) distinct and
independent barangays to be known as Barangay Pampanga, Barangay Alfonso Angliongto, Sr. and
Barangay V. Hizon.

Republic Act No. 7160, otherwise known as “The Local Government Code of 1991”, as
amended, was enacted precisely to breathe life into 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 to achieve their full development as self-reliant communities, making them more
effective and meaningful partners in the attainment of the nation's goals.

Being the basic political unit, the barangay 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” (Section 384 of the Local Government Code). As such, it is the
country's ultimate front-liner in the provision of a broad range of basic services to the community,
as well as in the delivery to the citizenry of their first taste of local public service.

Section 6, Article X of the Constitution 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) as incorporated in the general appropriations law enacted
annually by the legislature is the “just share” contemplated by the constitutional mandate,
Therefore, it is clearly an indispensable component in the grant of meaningful and true fiscal
autonomy to local government units. However, the local government units created through their
respective local legislature bodies are prohibited from receiving the _ above-mentioned
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 supplied).

Withholding these resources from the local government units covered by the last paragraph
of Section 285 of the Local Government Code is thus not in accord with the express entitlement
mandated by the Constitution.


An entitlement to the IRA is an indispensable element and a constitutionally and lawfully
ingrained component of the resources of any local government unit. In the case of a barangay, said
entitlement becomes even more crucial as this most basic local political subdivisions delivers the
nation’s frontline response to the needs of the Filipino citizenry. Further, it is at the barangay level
that government, both national and local, aspires to implement basic policies, plans, programs,
projects and activities, as well as settle all discussions, disputes and grievances. In the performance
of this all-important frontline response and accountability functions, diminished and uncertain
resources deliver a significant blow to the efficiency and effectiveness of barangay local
governance. At the end of the day, it is the Filipino people who will bear the prejudicial
consequences of this fiscal disparity.

In view of these considerations, and in the face of resonating and unified public clamor for a
clear and immediate legislative remedy to the matter at hand, the immediate approval of this bill is

highly and earnestly sought.

MYLENE J. GARCIA-ALBANO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No, &U03

Introduced by Representative MYLENE J. GARCIA-ALBANO-

AN ACT DIVIDING BARANGAY PAMPANGA IN THE CITY OF DAVAO.
INTO THREE (3) DISTINCT AND INDEPENDENT BARANGAYS TO BE
KNOWN AS BARANGAY PAMPANGA, BARANGAY ALFONSO
ANGLIONGTO, SR. AND BARANGAY V. HIZON

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

Section 1. Division of Barangay Pampanga. ~ Barangay Pampanga in the City of Davao
is hereby divided into three (3) distinct and independent barangays to be known as: (1) Barangay
Pampanga; (2) Barangay Alfonso Angliongto, Sr.; and (3) Barangay V. Hizon.

Section 2. Territorial Boundaries — The territorial boundaries of each barangay created in
the immediately preceding section shall be as follows:

(1) Barangay Pampanga

“Bounded on the North by the Davao International Airport Runway;

On the West by Barangay Vicente Hizon, St;

On the South by Barangay Sasa, Dofia Pilar Road and Rodriguez Drive comprising of Dofia
Asuncion I, Dofia Asuncion II, San Roque, Don Lorenzo, Sto. Domingo Il, D.A. Homes and
COACO Beach”;

(2) Barangay Alfonso Angliongto, Sr.

“Bounded on the Northwest by Belisario Road, Belisario Fence, Te Property and NHA
Buhangin;

On the North by Barangay Cabantian and Phases 1 and 3 of La Verna Subdivision;
‘On the West by Carmelite Road;

On the East by Nova Tierra Village, Fortune Homes and Insular Village Phase 1 comprising


of La Verna Subdivision Phase 2, Diamond Village Phases 1 and 2, Belisario Subdivision, Saint
Anthony Village, Mamay Village, Vincent Heights, Roseville, Lea Subdivision, Guadalupe Village,
Summer Hill, Pulang Lupa, Liceralde Subdivision, Golden Homes, JLA Subdivision, and Victoria
Heights Subdivision”;
(3) Barangay V. Hizon

“Bounded on the North by the Davao International Airport Runway;

On the West by Barangay Alfonso Angliongto, Sr. and Barangay Lapu-Lapu;

On the South by the coastline of the Davao Gulf;

On the Southeast by J.P. Laurel Avenue (a.

Davao-Agusan Road) and the Insular Creek;
On the East by Dofia Asuncion Road; and

On the Northeast by Dofia Asuncion comprising of Insular Village I, Insular Village II,
Fortune Executive Homes, Nova Tierra Village, PEHA Subdivision, PEHO, Belen Homes, Sto.
Domingo I, Donas Ville, Model Homes, Lizada, Beach Club and Mountain Dew”.

Section 3. Conduct and Supervision of Plebiscite. - The plebiscite conducted and
supervised by the Commission of Elections (COMELEC) in Barangay Pampanga pursuant to City
Ordinance No. 00161-03 of the Sangguniang Panlungsod of the City of Davao, which ratified the
creation of Barangay Alfonso Angliongto, Sr. and Barangay V,. Hizon as proclaimed by the
Plebiscite Board of Canvassers on July 25, 2004, 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 4. Incumbent Barangay Officials — The incumbent barangay officials of
Barangays Pampanga, Alfonso Angliongto, Sr. and V. Hizon, City of Davao shall continue to hold
office until such time that their successors have been duly elected and qualified.

Section 5. Public Infrastructures and Facilites. - 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 barangays.

Section 6. Internal Revenue Allotment (IRA) Shares. - Barangays Pampanga, Alfonso
Angliongto, Sr. and V. Hizon 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 7. 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 8. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,