Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO. ________ 
Introduced by: REP. PROSPERO A. PICHAY, JR. 
EXPLANATORY NOTE 
This bill seeks to separate the sitios of Gacub, Tabinas and Bayabas from their 
mother barangay, Barangay Hinapoyan of the Municipality of Carmen, Province of 
Surigao del Sur to be known as Barangay Gacub. 
Barangay Hinapoyan is home to Indigenous People who intends to have their 
separate barangay. The creation of this independent barangay would entitle this tribal 
community with their own Internal Revenue Allotment.  This would allow them to chart 
their own course in a way that they are given a privilege and an opportunity to develop 
their community. 
Although they may fall short of the required 2,000 population for the creation of 
an independent barangay, they are exempted from this requirement because Section 
18 of Republic Act 8371 or the Indigenous Peoples’ Rights Act of 1997 and Section 
386 (a) of RA 7160 or the Local Government Code provided the ICCs/IPs living in 
contiguous areas or communities where they form the predominant population but 
which are located in municipalities, provinces or cities where they do not constitute the 
majority of the population may form or constitute a separate barangay. 
In view thereof, the approval of this bill is earnestly sought. 
PROSPERO A. PICHAY, JR. 
July 14, 2021
2:27 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
Second Regular Session 
HOUSE BILL NO.  __________ 
Introduced by: REP. PROSPERO A. PICHAY, JR. 
AN ACT SEPARATING THE SITIOS OF GACUB, TABINAS, AND BAYABAS 
FROM THEIR MOTHER BARANGAY, BARANGAY HINAPOYAN IN THE 
MUNICIPALITY OF CARMEN, PROVINCE OF SURIGAO DEL SUR AND 
CONSTITUTING THEM INTO A SEPARATE AND INDEPENDENT BARANGAY 
TO BE KNOWN AS BARANGAY GACUB 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Creation of Barangay Gacub– The sitios of Gacub, Tabinas and 
Bayabas are hereby separated from their mother barangay, Barangay Hinapoyan of 
the Municipality of Carmen, Province of Surigao del Sur, to constitute a separate and 
independent barangay to be known as Barangay Gacub. 
SECTION 2. Plebiscite Requirement – Pursuant to Section 10 of Republic Act 
7160, otherwise known as the “Local Government Code of 1991”, the new Barangay 
Gacub shall exist upon approval by a majority of the votes cast by the qualified voters 
of Barangay Hinapoyan in a plebiscite to be conducted and supervised by the 
Commission of Election within one hundred twenty (120) days from the effectivity of 
this Act.  
The amount necessary for the conduct of such plebiscite shall be borne by the 
Municipality of Carmen, Province of Surigao del Sur, 
SECTION 3. Barangay Officials – The first set of officials of Barangay Gacub 
shall be appointed by the President of the Philippines and shall hold office until such 
time that their successors have been duly elected and qualified. 
SECTION 4.  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. 
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SECTION 5.  Internal Revenue Allotment Shares – Barangay Gacub shall be 
entitled to Internal Revenue Allotment shares pursuant to Section 285 of Republic Act 
No. 7160, as amended, otherwise known as the “Local Government Act of 1991”. 
 
 
SECTION 6.  Effectivity – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette and in any newspaper of general circulation. 
 
 
Approved,