SEVENTEENTH CONGRESS fe
CONGRESS OF THE PHILIPPINES. I?
First Regular Session { 5
HOUSE OF REPRESENTATIVES

3846 \

House Bill No.

Introduced by REPRESENTATIVE PIA S. CAYETANO

EXPLANATORY NOTE

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 barangays serve 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 the fruits of local public service

In this sense, the creation of barangays, upon proper compliance with the
requirements set by the Constitution and Local Government Code, thus only serves
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.

Further, the policy of establishing, protecting and enhancing fiscal autonomy
on all levels of local governance is integral to the proper exercise of local
government functions. This policy refers not just to the power to allocate one’s
resources in accordance with one’s priorities but also the power to create one’s own
sources of revenue in addition to one's equitable share in the national taxes released
by the central government

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 Intemal 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. Further, Sec. 25 of RA 7160 bolsters the Constitutional grant
of a just share of LGUs in the IRA.

Thus, this bill seeks to invoke the 1987 Constitution and RA 7160 by allowing
Barangay Fort Bonifacio to be entitled to a just share from the national taxes.

Barangay Fort Bonifacio, located within the City of Taguig, Metro Manila, is
one such barangay excluded from a share in the IRA. It has a land area of One
Hundred Sixty-Two Thousand Six Hundred square meters (162,600 sq. m.), more or
less, and a population of Twenty Four Thousand One Hundred and Sixty Five
(24,165). It is bounded on the North and North East by J.P. Rizal Ave, Ext., swo-13-
000338 amd. (Makati Cadastre) and Barangay West Rembo (Makati Cadastre); on
the North West, by South Cembo, Maricaban Creek and Forbes Park (Makati
Cadastre); on the East, by Barangay Pembo (Makati Cadastre) and the Mckinley
Hills Perimeter Fence; on the South, by Mega World Corp., Mckinley Road and
Lawton Avenue; and on the West, by the Manila Railroad Company. Having thus
complied with the requisites prescribed under Section 386 of the Local Government
Code and the plebiscite requirement contained in Section 10, Article X of the
Constitution, it was separated from the original Barangay Western Bicutan and
created as a separate barangay by the City Government of Taguig, acting through
the Sangguniang Panlungsod, under City Ordinance No. 68-2008 approved on
September 15, 2008. Its corporate existence began on October 25, 2010 when its
first set of regular officials was elected, pursuant to Section 14 of the Local
Government Code.

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

Pir 5 Caytinn
PIA S. CAYETANO

2” District of Taguig City


SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
First Regular Session
HOUSE OF REPRESENTATIVES

House Bill No. 384 §

Introduced by REPRESENTATIVE PIA S. CAYETANO

AN ACT
CREATING A BARANGAY TO BE KNOWN AS BARANGAY FORT BONIFACIO
IN THE CITY OF TAGUIG, METRO MANILA

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

SECTION 1. Creation of Barangay Fort Bonifacio. — Fort Bonifacio Proper
in Barangay Western Bicutan, City of Taguig, Metro Manila is hereby separated from
Barangay Western Bicutan and constituted into a distinct and independent barangay

to be known as Barangay Fort Bonifacio.

SEC. 2. Territorial Boundaries. ~ The territorial boundaries of Barangay Fort

Bonifacio shall consist of permanent natural boundaries identified as follows’

“Bounded on the North and North East J.P. Rizal Ave. Ext., swo-13-000338
amd. (Makati Cadastre) and Barangay West Rembo (Makati Cadastre);

On the North West, by South Cembo, Maricaban Creek and Forbes Park
(Makati Cadastre);

On the East, by Barangay Pembo (Makati Cadastre) and the Mckinley Hills
Perimeter Fence;

On the South, by Mega World Corp., Mckinley Road and Lawton Avenue; and

On the West, by the Manila Railroad Company.”


16
7
18
19

20

SEC. 3. Conduct and Supervision of Plebiscite. — The plebiscite conducted
and supervised by the Commission on Elections (COMELEC) in Barangay Western
Bicutan pursuant to City Ordinance No. 68, Series of 2008 of the Sangguniang
Panlungsod of the City of Taguig, which ratified the creation of Barangay Fort
Bonifacio as proclaimed by the City Board of Canvassers on December 28, 2008
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"

SEC. 4. Incumbent Barangay Officials. - The incumbent barangay officials
of Barangay Fort Bonifacio, City of Taguig shall continue to hold office until such time
that their successors have been duly elected and qualified,

SEC. 5. 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.

SEC. 6. Internal Revenue Allotment Shares. — Barangay Fort Bonifacio
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"

SEC. 7. Separability Clause, ~ If, for any reason, any part or provision of this
Act is declared unconstitutional or invalid, other parts or provisions hereof which are

not affected thereby shall continue to be in full force and effect.

SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation

Approved,