Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House siu.no. 3122

INTRODUCED BY REPRESENTATIVE JOSE “PINGPING” |. TEJADA.

EXPLANATORY NOTE

Section 6 of Republic Act 7160, otherwise known as the Local Government Code of 1991,
empowers the Sangguninag Panlalawigan and Sangguniang Panlungsod to create barangays
in their respective territorial jurisdiction, through the enactment of appropriate ordinance,
subject to the limitations and requirements prescribed by the Code. The power is designed
to enhance local autonomy, and recognition of the fact the concerned Sanggunians are in a
better position to chart the destiny of their local units.

This power is likewise recognized under Section 385 of the Code, which provides that
barangays, whether created by law passed by Congress or through ordinance of the
sangguniang panlalawigan or panglungsod, shall be subject to 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 with such period of time as may be determined by law.

Section 285 of the Code, however, mandates that “the financial requirements of barangays
created by local government units after the effectivity of this Code shall be the responsibility
of the local government unit concerned”. Thus, the local government unit creating the
barangay, as mandated in the above-quoted provision, has the corresponding obligation to
financially support the newly established local government units.

The policy on 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 Internal 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. The non-accordance of
these resources to the local government units covered by the last paragraph of Section 285
of the Local Government Code is thus not in accord with the operative principles of



decentralization contained in Section 3 therein and, fundamentally, with the express
entitlement mandated by the constitution.

Barangay Poblacion B, located within the Municipality of Mang Province of Cotabato, is one
such barangay excluded from a share in the IRA. It has a population of four thousand ninety
seven (4,097) and a land area of 874,990 square meters, more or less. Having 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 created
by the Provincial Government of Cotabato, acting through Sangguniang Panlalawigan
Ordinance No. 41 approved on April 25, 1994. Its corporate existence began in February
1996, when its first regular officials were elected, pursuant to Section 14 of the Local
Government Code.

An entitlement to the IRA is an indispensable element and a constitutionally and lawfully
ingrained component of the resources of any local government unit. In the case of a
barangay, said entitlement becomes even more crucial as these most basic political
subdivisions deliver the nations frontline response to the needs of the Filipino citizenry. It is
appalling that the funding allocation of the baranagys created by Sanggunians is grossly
incomparable to the IRA of the other existing baranagys created by law, thereby creating a
disparate classification between these two classes of barangays.

To remedy this unfortunate situation embedding Barangay Poblacion B, Mlang Cotabato, the
approval of this legislative measure is earnestly sought.

JOSE “PING
3 District, Prownce’of Cotabato


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

122
HOUSE BILL NO..

INTRODUCED BY REPRESENTATIVE JOSE “PINGPING” |. TEJADA

‘AN ACT CREATING A BARANGAY TO BE KNOWN AS BARANGAY POBLACION B IN THE
MUNICIPALITY OF MLANG, PROVINCE OF COTABATO

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

Section 1. Creation. - Poblacion B in Barangay Poblacion Mlang, Cotabato, is hereby
separated from Barangay Poblacion and constituted into a new Barangay to be known as
Barangay Poblacion B in the Municipality of Mlang, Cotabato.

Section 2. Conduct and Supervision of Plebiscite. - The plebiscite conducted and supervised
by the Commission on Elections (COMELEC) in Barangay Poblacion pursuant to Ordinance
No. 41 series of 1994 of the Sangguninag Panlalawigan of the Province of Cotabato which
ratified the creation of Barangay Poblacion B as proclaimed by the Municipal Board of
Canvassers on November 1995 shall serve as valid compliance with the plebiscite
requirement under Section 10 of Republic Act 7160, otherwise known as “The Local
Government Code of 1991”, as amended

Section 3. Barangay Officials. — The incumbent officials of Barangay Poblacion B shall
continue to hold office until such time that their successors shall 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 to and shall be administered by the new Baranagy.

Section 5. Internal Revenue Allotment (IRA). ~ Barangay Poblacion B shall be entitled to
Internal Revenue Allotment (IRA) shares pursuant to Section 285 of the Local Government
Code of 1991.

Section 6. Effectivity. - This Act shall take effect fifteen (15) days following its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,