Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City *

NINETEENTH CONGRESS
First Regular Session

434
HOUSE BILL NO. _*" "|

Introduced by: Representative JOHNNY T. PIMENTEL

EXPLANATORY NOTE

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 of the Municipality of
Barobo comprising Sitios Guinhalinan, Umbon, Candi-isan and Binu-uyan. It
was then declared as an independent barangay by the provincial government.
However, its effectivity was suspended by the Department of Local Government
and Community Development through Memorandum Circular No. 79 - 13 which
provided that “all creation of local government units by the local Sangguniang
Bayans, except by the Prime Minister... shall be without force and effect.”

Upon the enactment of the Local Government Code in 1991, the Sangguniang
Bayan of Barobo issued Resolution No. 113, series of 2002 formally recognizing
Guinhalinan as a regular barangay of the said municipality, with an allotment
of funds for its operations.

Since Barangay Guinhalinan was created through a local ordinance, the
financial requirements of the same was borne by the Barobo Local Government
pursuant to Section 285 of the Local Government Code. The said Barangay has
been precluded from receiving any share in the Internal Revenue Allotment (IRA).
‘Thus, the funds received by the Barangay is only subject to the availability from
the coffers of the Municipality of Barobo, thereby limiting the capability of self-
determination and the implementation of their own grassroots development
programs.

‘This Bill seeks to establish Barangay Guinhalinan of the Municipality of Barobo,
Surigao del Sur as a political entity duly created by the Philippine Legislature.
‘This Bill shall likewise entitle Barangay Guinhalinan to a share of the national
internal revenue allotment, subject to the applicable provisions of the Local
Government Code, as amended.




Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 434

Introduced by: Representative JOHNNY T. PIMENTEL

See

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. - Barangay Guinhalinan,
comprising Sitios Guinhalinan, Umbon, Candi-isan and Binu-uyan, is hereby
created as a Barangay of the Municipality of Barobo, Province of Surigao del Sur,
by virtue of the legislative powers of Congress. Its meters and bounds shall be
surveyed, cost of which shall be borne by the local government units concerned.

SECTION 2. Conduct and Supervision of Plebiscite. - Pursuant to Section 10
of the Republic Act No. 7160, otherwise known as the Local Government Code of
1991, the new barangay shall be formed upon a majority of votes cast by the
qualified voters of Sitios Guinhalinan, Umbon, Candi-isan and Binu-uyan,
Municipality of Barobo in a plebiscite to be conducted and supervised by the
Commission on Elections (COMELEC) in the area defined, 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 Provincial Governor and shall hold office until such
time that their successors have been duly elected and qualified in the next
regular barangay election after the approval of this Act.

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
Barangay Guinhalinan and shall be administered by the same.



SECTION 5. Internal Revenue Allotment Shares. - Barangay Guinhalinan
shall be entitled to the 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 under this Act shall be borne by the Municipality of Barobo.

SECTION 7. Separability Clause. — If any part of this Act shall be held invalid,
other provisions which are not affected shall continue to be in force.

SECTION 8. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, regulation or
ordinance contrary to or inconsistent with the provisions of the Act is hereby
repealed, modified or amended accordingly.

SECTION 9. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of

general circulation.

Approved,