SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
First Regular Session
HOUSE OF REPRESENTATIVES

House Bill No, 88477

Introduced by REPRESENTATIVE PIA S. CAYETANO,

EXPLANATORY NOTE

Republic Act No. 7160, otherwise known as "The Local Government Code of
1991,” as amended, was enacted precisely to breathe life into the constitutional
mandate of local autonomy by establishing a more responsive and accountable local
government structure instituted through an efficient system of decentralization
Essentially, this system is geared towards empowering local government units to
achieve their full development as self-reliant communities, making them more
effective and meaningful partners in the attainment of the nation’s goals.

Being the basic political unit, the barangays serve as “the primary planning
and implementing unit of government policies, plans, programs, projects and
activities in the community, and as a forum wherein the collective views of the people
may be expressed, crystallized and considered’ (Section 384 of the Local
Government Code). As such, it is the country's ultimate front-liner in the provision of
a broad range of basic services to the community, as well as in the delivery to the
citizenry of their first taste of the fruits of local public service

In this sense, the creation of barangays, upon proper compliance with the
requirements set by the Constitution and Local Government Code, thus only serves
to bolster the capability of local governments to efficiently and effectively perform
their respective functions, duties and responsibilities in the name of autonomy,
decentralization and national growth and prosperity

Further, the policy of 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 fo 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

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local government units. Further, Sec. 25 of RA 7160 bolsters the Constitutional grant
of a just share of LGUs in the IRA.

Thus, this bill seeks to invoke the 1987 Constitution and RA 7160 by allowing
Barangay Pinagsama to be entitled to a just share from the national taxes,

Barangay Pinagsama, located within the City of Taguig, Metro Manila, is one
such barangay excluded from a share in the IRA. It has a land area of One Hundred
Ninety-Two Thousand square meters (192,000 sq, m.), more or less, and a
population of Thirty Eight Thousand One Hundred Eighty Eight (38,188). It is
bounded on the North by the American Battle Monument; on the East, by Pres
Garcia Avenue (C-5) and Diego Silang (BCDA); on the South East, by Palakol Area
(BCDA) and Barangay Signal Village, on the North and North West by the American
Battle Monument and M.R.T. Avenue (formerly Bayani Road); and on the South and
South West by M.R.T. Avenue, Pres. Garcia Avenue, Proclamation No. 172 Wester
Bicutan and Veterans Center. Having thus 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 separated from the
original Barangay Western Bicutan and created as a separate barangay by the City
Government of Taguig, acting through the Sangguniang Panlungsod, under City
Ordinance No. 67-2008 approved on September 15, 2008. Its corporate existence
began on October 25, 2010 when its first set of regular officials was elected,
pursuant to Section 14 of the Local Government Code.

In view of these considerations, and in the face of resonating and unified

public clamor for a clear and immediate legislative remedy to the matter at hand, the
immediate approval of this bill is highly and earnestly sought

PIA S. CAYETANO:

2" District of Taguig City


SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
First Regular Session
HOUSE OF REPRESENTATIVES

House Bil NoSE 4?

Introduced by REPRESENTATIVE PIA S. CAYETANO

AN ACT
CREATING A BARANGAY TO BE KNOWN AS BARANGAY PINAGSAMA IN THE
CITY OF TAGUIG, METRO MANILA

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

SECTION 1. Creation of Barangay Pinagsama. - Pinagsama Proper in
Barangay Western Bicutan, City of Taguig, Metro Manila is hereby separated from
Barangay Western Bicutan and constituted into a distinct and independent barangay

to be known as Barangay Pinagsama

SEC. 2. Territorial Boundaries. — The territorial boundaries of Barangay

Pinagsama shall consist of permanent natural boundaries identified as follows:

“Bounded on the North by the American Battle Monument;

On the East by Pres. Garcia Avenue (C-5) and Diego Silang (BCDA);

On the South East, by Palakol Area (BCDA) and Barangay Signal Village;

On the North and North West by the American Battle Monument and M.R.T
Avenue (formerly Bayani Road); and

On the South and South West by M.R.T. Avenue, Pres. Garcia Avenue,
Proclamation No. 172 Western Bicutan and Veterans Center."


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SEC. 3. Conduct and Supervision of Plebiscite. - The plebiscite conducted
and supervised by the Commission on Elections (COMELEC) in Barangay Western
Bicutan pursuant to City Ordinance No. 67, Series of 2008 of the Sangguniang
Panlungsod of the City of Taguig, which ratified the creation of Barangay Pinagsama
as proclaimed by the City Board of Canvassers on December 28, 2008 shall serve
as 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. 4. Incumbent Barangay Officials. - The incumbent barangay officials
of Barangay Pinagsama, City of Taguig shall continue to hold office until such time

that their successors have been duly elected and qualified

SEC. 5. 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.

SEC. 6. Internal Revenue Allotment Shares. — Barangay Pinagsama shall
be entitled to Internal Revenue Allotment (IRA) shares pursuant to Section 285 of
Republic Act No. 7160, as amended, otherwise known as the “Local Government
Code of 1991”

SEC. 7. Separability Clause. — If, for any reason, any part or provision of this
Act is declared unconstitutional or invalid, other parts or provisions hereof which are

not affected thereby shall continue to be in full force and effect

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

Approved,