Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

NINETEENTH CONGRESS.
First Regular Session

HOUSE BILL NO. 4036

Introduced by REP. RUWEL PETER S. GONZAGA

EXPLANATORY NOTE

‘This bill seeks to remedy the inequity brought about by the last paragraph of Sec. 285 of
Republic Act 7160, otherwise known as the Local Government Code of 1991. The said paragraph
provides that the financial requirements of barangays created by local government units (LGU:
afier the effectivity of the Local Goverment Code shall be the responsibility of the LGU":

Such provision effectively precluded Barangay Tandawan, in the Municipality of New
Bataan, Province of Davao de Oro to receive National Tax Allotment formerly known as the
Internal Revenue Allotment or IRA that other barangays are entitled to. Brgy. Tandawan was
created pursuant to Provincial Ordinance No. 02, Series of 2003 which was enacted and approved

by the Sai ‘ang Panlalawigan of Davao de Oro en September 29, 2003

A barangay is regarded as a basic political unit, It serves as the primary planning and
implementing unit of government policies, plans, programs, projects and activities in the
community.

! fe pro 2
autonomy of local governments. Relative thereto the Local Government Code also declares under
Section 2, that it is the policy of the State that its territorial and political subdivisions shall enjoy
genuine and meaningful local autonomy to enable them to attain development as self-reliant
communities thus making them effective partners in the attainment of national goals. However.
barangay affairs and operations entail expenses for its effective and efficient implementation

Hence, this representation upon the initiative of the local leaders of New Bataan is
compelled to file this bill with the hope that pending the amendment of the iniquitous provision of
the existing law, a more expedient remedy will be availed of for the said non-NTA barangay to
level the field of opportunity amongst equals through a legislative fiat

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

=)

cpt. &

RUWBI) PETERS. + aie


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO 4036

Introduced by REP. RUWEL PETER S. GONZAGA

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

SECTION 1. Creation of Barangay Tandawan. ~ There is hereby created a barangay to be known
as Barangay Tandawan in the Municipality of New Bataan, Province of Davao de Oro

SECTION 2. Territorial Boundaries - The territorial boundaries of Barangay Tandawan are
described as follows:

A parcel of land, situated in the Municipality of New Bataan, Province of Davao de Oro

Davao de Oro”
“On the Northeast (NE) by Barangy Andap, Municipality of New Bataan, Davao de Oro
Province”;

“On the Southeast (SE by Cagan, Barangay Andap, Municipality of New Bataan, Davao
de Oro Province”

“On the Southwest (SE) by Barangay New Leyte, Municipality of Maco, Davao de Oro
Province”:

“On the Northwest (NW) by the Municipality of Nabunturan, Davao de Oro Province”:
“ by (W) by the § £N

Containing an area of approximately 2,820.7302 HECTARES, more or less”

SECTION 3. Conduct and Supervision of Plebiscite - The plebiscite conducted and supervised by
the Commission on Elections (COMELEC) pursuant to Provincial Ordinance No. 03 Series of
2003, which was enacted and approved by the Sangguniang Panlalawigan of Davao de Oro, which
ratified the creation of Barangay Tandawan as proclaimed by the Plebiscite Board of Canvassers,
shall serve as a substantial compliance with the plebiscite requirement under Section 10 of
Republic Act 7160 as amended, otherwise known as the Local Government Code of 1991

SECTION 4. Barangay Officials — The incumbent elected barangay officials of Barangay
‘Tandawan in the Municipality of New Bataan, Province of Davao de Oro shall continue to hold
office until such time that their successors have been duly elected and qualified


SECTION 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.

ION 6. inicinal Revenue Alivimeni Share — Barangay Tandawan shall be
Revenue Allotment shares pursuant to Section 285 of Republic Act No. 7160 otherwise known as
the Local Government Code of 1991

SECTION 7. Effectivity Clause — This Act shall take effect fifteen (15) days after its publication

OMiuial Gacciic or in any newspaper uf general cireulaiiun.

Approved,