Republic of the Philippines

HOUSE OF REPRESENTATIVES \ a ion
Quezon City iN oa
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NINETEENTH CONGRESS {Dee

First Regular Session

House Bill No_34 41

INTRODUCED BY REPRESENTATIVE ROMEO S. MOMO, SR.

AN ACT
RE-CREATING BARANGAY HINAPOYAN IN THE MUNICIPALITY OF CARMEN,
PROVINCE OF SURIGAO DEL SUR

Explanatory Note

Section 6 of Republic Act 7160, otherwise known as the Local Government
Code of 1991, authorizes the Sangguniang Panlalawigan and Sangguniang
Panlungsod to create barangays in their respective territorial jurisdiction, through
the enactment of appropriate ordinances, subject to the limitations and requirements
prescribed by the Code. This power is designed to enhance local autonomy, and
recognition of the fact that the respective 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 Panlungsod, shall be subject to
approval by a 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 the 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." Accordingly,
the local government unit creating the barangay has the corresponding obligation to
financially support the newly established local government units.



The sad reality however, is that barangays created by the Sanggunians have
received a meager amount of annual budgetary allocation from the local government
unit which created them, which in this case Barangay Hinapoyan is only receiving
and annual budget of ONE MILLION AND FIVE HUNDRED THOUSAND
PESOS (Php 1,500,000.00) from the Municipality of Carmen and TWO
HUNDRED THOUSAND PESOS (Php 200,000.00) from the Province of
Surigao del Sur. This results to poor delivery of basic services due to lack of
financial resources that should have been used to fund various programs and projects
in the said barangay.

It is unfortunate that the funding allocation of the barangays created by
Sanggunian is grossly incomparable to the Internal Revenue Allotment of the other
existing barangays created by law, thereby creating a disparate classification
between these two classes of barangays.

Thus, in order to address this inequitable situation and to secure the
entitlement of Baranagay Hinapoyan to a share in the Internal Revenue Allotment,
the approval of this bill is earnestly requested.



PRR

4

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No.3 441

INTRODUCED BY REPRESENTATIVE ROMEO S. MOMO, SR.

AN ACT
RE-CREATING BARANGAY HINAPOYAN IN THE MUNICIPALITY OF CARMEN,
PROVINCE OF SURIGAO DEL SUR

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

SEC. 1. CREATION OF BARANGAY HINAPOYAN. Barangay Hinapoyan was created by
Ordinance No. 70-89 otherwise known as “An Ordinance Creating the Barangay Hinapoyan in
the Municipality of Carmen” of the Sangguniang Palalawigan of Surigao del Sur.

SEC. 2. RE-CREATION OF BARANGAY HINAPOYAN. Barangay Hinapoyan is hereby
created to be composed of Sitio Hinapoyan and the adjoining and contiguous Sitios at Gacub,
Agutayan, Tabinas, Kadilotan and Agasan, all at Barangay Esperanza, Municipality of Carmen

SEC. 3. TERRITORIAL BOUNDARIES. The territorial boundaries of Barangay Hinapoyan
are hereby described as follows:

"Sec. 2. Paragraph b) Barangay Boundary ~ Technical Description - From a
point at the junction of Da-an and Buya-an river marked as Corner 1, thence
following Buya-an river going upstream until it intersect municipal boundary of
Madrid and Carmen to Monte Kinaputi-an marked as Corner 2: thence following
provincial boundary of the Province of Surigao del Sur and Agusan del Norte
until it intersect municipal boundary between the Municipalities of Carmen and
Lanuza marked as Corner 3; thence following the municipal boundary line of
Carmen and Lanuza until it reaches the Bank of Agasan river marked as Corner
4, thence following Agasan river upstream until it intersect the junction of
Tugopon creek and Agasan river marked as Corner 5; thence in a northeasterly
direction with distance of 3,300 meters until it intersect Da-an river marked as


Corner 6; thence following Da-an river downstream until it intersect Corner |
point of beginning.”
SEC. 4. CONDUCT AND SUPERVISION OF PLEBISCITE. The Commission on Election
(COMELEC) shall conduct and supervise the plebiscite in Barangay Hinapoyan, Municipality
of Carmen, Province of Surigao del Sur within sixty (60) days upon the effectivity of this Act.

SEC. 5. INCUMBENT BARANGAY OFFICIALS. The incumbent officials of Barangay
Hinapoyan shall continue to hold office until such time that their successors have been duly
elected and qualified.

SEC. 6. PUBLIC INFRASTRUCTURE AND FACILITIES, All public infrastructure and
facilities 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.

SEC. 7. INTERNAL REVENUE ALLOTMENT SHARES. Barangay Hinapoyan shall be
entitled to the Internal Revenue Allotment (IRA) shares pursuant to Section 285 of the Local
Government Code of 1991

SEC. 8. EFFECTIVITY. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved.