Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Constitution Hills, Quezon City

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EIGHTEENTH CONGRESS mse: EO

First Regular Session

HOUSE BILL No. 904 _

Introduced by: Representative JOHNNY T. PIMENTEL

EXPLANATORY NOTE

On March 1, 1979, the Sangguniang Panlalawigan of the Province of Surigao
del Sur adopted Resolution No. 79 - 16 approving the creation of Barangay
Guinhalinan as a regular and independent barangay of the Municipality of
Barobo comprising Sitios Guinhalinan, Umbon, Candi-isan and Binu-uyan.
It was then declared as an independent barangay by the provincial
government. However, its effectivity was suspended by the Department of
Local Government and Community Development through Memorandum
Circular No. 79 - 13 which provided that “all creation of local government
units by the local Sangguniang Bayans, except by the Prime Minister... shall
be without force and effect.”

Upon the enactment of the Local Government Code in 1991, the
Sangguniang Bayan of Barobo issued Resolution No. 113, series of 2002
formally recognizing Guinhalinan as a regular barangay of the said
municipality, with an allotment of funds for its operations.

Since Barangay Guinhalinan was created through a local ordinance, the
financial requirements of the same was borne by the Barobo Local
Government pursuant to Section 285 of the Local Government Code. The
said Barangay has been precluded from receiving any share in the Internal
Revenue Allotment (IRA). Thus, the funds received by the Barangay is only
subject to the availability from the coffers of the Municipality of Barobo,


thereby limiting the capability of self-determination and the implementation
of their own grassroots development programs.

In the 17% Congress, we authored House Bill 1322 which sought to
establish Barangay Guinhalinan of the Municipality of Barobo, Surigao del
Sur as a political entity duly created by the Philippine Legislature. Along
with this Bill was House Bill 1321 which also sought for the creation of
Barangay Comawas in Bislig City. Both Barangays suffered the same fate
under the Local Government Code. However, HB 1321 (later substituted as
House Bill 4687) was successfully enacted in August 23, 2017. The House
measure for Guinhalinan was not as fortunate as the later Bill.

This Bill seeks to establish Barangay Guinhalinan and to be entitled of its
share of the national internal revenue allotment, subject to the applicable

provisions of the Local Government Code, as amended.

The approval of this Bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS

First Regular Session

HOUSE BILL NO. 904

Introduced by: Representative JOHNNY T. PIMENTEL

AN ACT
CREATING BARANGAY GUINHALINAN IN THE
MUNICIPALITY OF BAROBO, PROVINCE OF SURIGAO DEL SUR

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

SECTION 1. Creation of Barangay Guinhalinan. - Barangay
Guinhalinan, comprising Sitios Guinhalinan, Umbon, Candi-isan and Binu-
uyan, is hereby created as a Barangay of the Municipality of Barobo,
Province of Surigao del Sur, by virtue of the legislative powers of Congress.
Its meters and bounds shall be surveyed, cost of which shall be born by the
local government units concerned.

SECTION 2. Conduct and Supervision of Plebiscite. - Pursuant to
Section 10 of the Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, the new barangay shall be formed upon a
majority of votes cast by the qualified voters of Sitios Guinhalinan, Umbon,
Candi-isan and Binu-uyan, Municipality of Barobo in a plebiscite to be
conducted and supervised by the Commission on Elections (COMELEC) in
the area defined, within ninety (90) days from the effectivity of this Act.

SECTION 3. Barangay Officials. - The first set of officials of the said
Barangay shall be appointed by the Provincial Governor and shall hold office


until such time that their successors have been duly elected and qualified in
the next regular barangay election after the approval of this Act.

SECTION 4. Public Infrastructure and Facilities. - All existing 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 to
Barangay Guinhalinan and shall be administered by the same.

SECTION 5. Internal Revenue Allotment Shares. - Barangay Guinhalinan
shall be entitled to the Internal Revenue Allotment (IRA) shares pursuant to
Section 285 of Republic Act 7160, otherwise known as the Local
Government Code of 1991.

SECTION 6. Appropriations. - The amount necessary to conduct the
plebiscite as provided under this Act shall be borne by the Municipality of
Barobo.

SECTION 7. Separability Clause. - If any part of this Act shall be held
invalid, other provisions which are not affected shall continue to be in force.

SECTION 8. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, regulation or
ordinance contrary to or inconsistent with the provisions of the Act is hereby
repealed, modified or amended accordingly.

SECTION 9. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers

of general circulation.

Approved.