Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO A0G6

Introduced by Representative ANTONIO R. FLOIRENDO, JR.

EXPLANATORY NOTE

This bill seeks to remedy the iniquity and injustice brought about by the last
paragraph of Section 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 (LGUs) after the
effectivity of the Local Government Code shall be the responsibility of the LGUs
concerned.

The said provision effectively precluded Barangay Tulalian in the
Municipality of Sto. Tomas, Province of Davao del Norte from receiving the Internal
Revenue Allotment (IRA) that other barangays are entitled to have under normal
circumstances. Brgy. Tulalian was created by virtue of Provincial Ordinance No.
007-94, series - 1994, enacted and passed by the Sangguniang Panlalawigan on
20 July 1994

The barangays are regarded as the basic political unit of government. It
serves as the primary planning and frontline implementing unit of government
policies, plans, programs, projects, and activities in the community,

Article Il, Section 24 of the Philippine Constitution provides that the State
shall ensure the 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 expenditures which sometimes prove
expensive and quite costly.

The provision found in Section 285 of Republic Act 7160 ultimately deprives
some barangays of their just and rightful share in the national taxes, as in this case
it does so with Brgy. Tulalian


Accordingly, this humble Representation feels compelled to file and
introduce this bill hoping that absent and pending an amendment to the said
iniquitous provision of the Local Government Code, a more expedient remedy shall
be availed of for the said non-IRA barangay to level the field of opportunity amongst
equals through an act of Congress,

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

/ANTONIOR. FLOIRENDO, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4066

Introduced by Representative ANTONIO R. FLOIRENDO, JR.

AN ACT CREATING A BARANGAY TO BE KNOWN AS BARANGAY TULALIAN
IN STO. TOMAS, PROVINCE OF DAVAO DEL NORTE

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

SECTION 1. - Creation of Barangay Tulalian - There is hereby created a
barangay to be known as Barangay Tulalian in the Municipality of Sto. Tomas,
Province of Davao del Norte.

The technical description of Barangay Tulalian, as provided for in Provincial
Ordinance No. 007-94, Series — 1994, shall be as follows

“Beginning at a point marked ‘1’ on the plan

being S 85° -00°E 8,020 meters to point 2
Thence N 02° - 50° W 1,300 meters to point 3
Thence S 88° - 50° W 8,005 meters to point 4
Thence S$ 03° -00°E 1,900 meters to point of

beginning, containing an area of One Thousand Two Hundred Eighty-Two
(1,282) has., more or less.”

SEC. 2. — Conduct and Supervision of Plebiscite — The plebiscite conducted
and supervised by the Commission on Elections (COMELEC) pursuant to
Provincial Ordinance No, 007-94, Series — 1994, which was enacted and passed
by the Sangguniang Panlalawigan on 20 July 1994, which ratified the creation of
Barangay Tulalian as proclaimed by the Plebiscite Board of Canvassers on 23
October 1994, shall serve as a substantial compliance with the plebiscite
requirement under Section 10 of Republic Act No, 7160 as amended, otherwise
known as the Local Government Code of 1991

SEC. 3. — Barangay Officials - The incumbent elected barangay officials of
Barangay Tulalian in the Municipality of Sto, Tomas, Province of Davao del Norte
shall continue to hold office until such time that their successors have been duly
elected and qualified


SEC. 4. — Public Infrastructure 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,

SEC. 5. - Internal Revenue Allotment Share — Barangay Tulalian shall be
entitled to Internal Revenue Allotment shares pursuant to Section 285 of Republic
Act No. 7160, otherwise known as the Local Government Code of 1991

SEC. 6. ~ Effectivily Clause — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in any newspaper of general circulation

Approved,