Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 715

Introduced by HON. FLORENCIO C. GARAY

EXPLANATORY NOTE

This bill seeks to declare Barangay Guinhalinan in the Municipality of
Barobo, Province of Surigao de! Sur as a government entity created pursuant to
Section 385 of the Local Government Code of 1991.

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 comprising Sitios
Guinhalinan, Umbon, Candi-isan and Binu-uyan. Consequently, then provincial
Governor Gregorio P. Murillo issued Executive Order No. 10 declaring
Guinhalinan as a duly created independent barangay. However, its effectivity
was suspended by Department of Local Government and Community
Development Memorandum Circular No. 79-13 which provided that “all creation
of local government units by the local Sangguniang Bayans, except by the Prime
Minister, meantime that the Local Government Code has not been implemented
yet, shall be without force and effect.” Upon the enactment of the Local
Government Code of 1991, the Sangguniang Bayan of Barobo issued Resolution
No. 113, Series of 2002 formally recognizing Guinhalinan as a regular barangay
of the Municipality of Barobo, with a funding of Eighty Five Thousand Pesos
(P85,000.00) for its operations.

Under Section 385 of the Local Government Code, a barangay may be
created, divided, merged or abolished, or its boundary substantially altered by
law or by an ordinance of the sangguniang panlalawigan or sangguniang
panlungsod, subject to approval by majority of the votes cast in a plebiscite to be
conducted by the COMELEC in the local government unit or units directly
affected within such period of time as may be determined by law or ordinance


creating said barangay. In the case of creation of barangays by the sangguniang
panlalawigan, the recommendation of the sangguniang bayan concerned shall be
necessary.

However, since Barangay Guinhalinan was created through a local
ordinance, the financial requirements of the barangay is governed by Section 285
of the Local Government Code which provided that “the financial requirements of
the barangay created by local government units after the effectivity of the Local
Government Code shall be the responsibility of the local government units
concerned.” Thus, Barangay Guinhalinan had no share in the internal revenue
allotment; its expenses were shouldered by the municipal government of Barobo.

This bill seeks to rectify the omission through the re-creation of Barangay
Guinhalinan in the Municipality of Barobo, Province of Surigao del Sur as an
independent government entity pursuant to Section 385 of the Local Government

Code of 1991, thereby entitling Barangay Guinhalinan to IRA shares generally
allocated to barangays under the law.

In view of its vital importance, the approval of this bill is earnestly sought.

\

‘ EE te
“FLORENCIO c. GARAY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

715

HOUSE BILL NO.

Introduced by HON. FLORENCIO C. GARAY

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. sd Barangay
Guinhalinan was created by virtue of Resolution No. 79-16 of the Sangguniang
Panlalawigan of Surigao del Sur and Executive order No. 10 of the Office of the
Governor, comprising of Sitios Guinhalinan, Umbon, Candi-isan and Binu-uyan in
the Municipality of Barobo.

SECTION 2. Conduct and Supervision of Plebiscite. - Pursuant to
Section 10 of republic Act No. 7160, otherwise known as the Local Government
Code of 1991, the new barangay shall exist upon a majority of the votes cast by
the qualified voters of Barangay Guinhalinan, Municipality of Barobo, Province of
Surigao del Sur, in a plebiscite to be conducted and supervised by the
Commission on Elections (COMELEC) in the area affected, 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 Governor of the Province of Surigao del
Sur and shall hold office until such time that their successors have been duly
elected and qualified.

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 and
shall be administered by the new barangay.

SECTION 5. Internal Revenue Allotment Shares. - Barangay
Guinhalinan shall be entitled to 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 for under this Act shall be borne by the
Municipality of Barobo, Province of Surigao del Sur.

SECTION 7. Effectivity - This Act shall take effect fifteen

(15) days after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,