y
/,? RECEIVED @\
Republic of the Philippines

| 2 parfEB_L2 is
(TIME:
is =,
‘5 &
House of Representatives

Constitution Hills, Batasan Complex, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.__ 6270

Introduced by ALFEL M. BASCUG, Representative,
15" Legislative District of Agusan del Sur.

“AN ACT CREATING A BARANGAY TO BE KNOWN AS BARANGAY
BATUCAN IN THE MUNICIPALITY OF TALACOGON PROVINCE OF
AGUSAN DEL SUR, AND PROVIDING FUNDS THEREOF”

Explanatory Note

As provided in the Local Government Code of 1991, barangay is
defined as the basic political unit which 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. A
barangay may be created by law or by an ordinance of the sangguniang
panlalawigan or sangguaniang panglungsod, subject to the approval by
a majority of votes cast in a plebiscite to be conducted by the COMELEC.
in the local government unit or units directly affected within such period
as may be determined by the aw or ordinance creating said barangay.

By virtue of Sangguniang Panlalawigan Provincial Ordinance No.
10, Series of 1996, as amended, duly ratified through a plebiscite
conducted by the Commission on Elections (COMELEC) on February
28, 1998, Barangay Batucan, was separated from Barangay Del Monte


and created as a regular barangay unit in the Municipality of Talacogon,
Province of Agusan del Sur.

Since the creation of barangay Batucan was made through a local
ordinance, it has been excluded from receiving any share in the national
Internal Revenue Allotment (IRA). Thus, the financial requirement for the
operation of the barangay depends only on the financial aid and
availability of the municipality of Talacogon and the province of Agusan
del Sur. This exclusion, however, limits the barangay’s capability of self-
determination and the implementation of their own grassroots
development programs. Also, this impedes the delivery to its citizens of
the necessary projects and services they deserve. Hence, the enactment
of its charter is crucial to the development of barangay Batucan as a
distinct and independent barangay being able to sustain the demands of
its constituency.

In view of the foregoing, the approval of this bill is earnestly
sought.

ALFEL M. aks


Republic of the Philippines
House of Representatives
Constitution Hills, Batasan Complex, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 6270

Introduced by ALFEL M. BASCUG, Representative,
457 Legislative District of Agusan del Sur.

“AN ACT CREATING A BARANGAY TO BE KNOWN AS BARANGAY
BATUCAN IN THE MUNICIPALITY OF TALACOGON PROVINCE OF
AGUSAN DEL SUR, AND PROVIDING FUNDS THEREOF”

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

SECTION 1. Creation of Barangay Batucan. Barangay Batucan
in the municipality of Talacogon, Province of Agusan del Sur, is hereby
separated from barangay Del Monte and constituted into a distinct and
independent barangay to be known as Barangay Batucan.

SECTION 2. Territorial Boundaries. The technical description of
Barangay Batucan shall be as follows:

CORNER DESCRIPTION

_| BBM No. 19, PB 13-00043-D
Ea Stakes

BBM No. 67, PB 13-00043-D
BBM No. 66, PB 13-00043-D
| BBM No. 65, PB 13-00043-D |

3

[NJola|n|=



8 BBM No. 64, PB 13-00043-D |
[9 BBM No. 63, PB 13-00043-D

10 Stakes

1 BBM No. 01, PB 13-00043-D

12 Stakes

13 BBM No. 12, PB 13-00043-D

14 BBM No. 59, PB 13-00043-D

15 | BBM No. 59, PB 13-00043-D

16 BBM No. 61, PB 13-00043-D
[17 ; BBM No. 62, PB 13-00043-D

18 BBM No. 09, PB 13-00043-D

19 | BBM No. 08, PB 13-00043-D |
20 ; _| BBM No. 15, PB 13-00043-D

21 BBM No. 79, PB 13-00043-D

22 BBM No. 80, PB 13-00043-D
23-25 Stakes

SECTION 3. Conduct and Supervision of Plebiscite. The
plebiscite conducted and supervised by the Commission on Elections
(COMELEC) pursuant to Sangguniang Panlalawigan ng Agusan del Sur
Provincial Ordinance No. 10 Series of 1996, as amended, which was
duly ratified and proclaimed therein by the Plebiscite Board of
Canvassers on February 28, 1998, 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 Barangay Batucan, Municipality of Talacogon shall
continue to hold office until such time that their successors have been
duly elected and qualified.

SECTION 5. Public Infrastructures 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.

SECTION 6. Internal Revenue Allotment and Shares. Barangay
Batucan shall be entitled to Internal revenue Allotment (IRA) shares
pursuant to Section 285 of Republic Act No. 7160, as amended,

4


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, other parts or
provisions hereof 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 any newspaper of
general circulation.

Approved,