Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2718

Introduced by REP. RUWEL PETER S. GONZAGA

EXPLANATORY NOTE

‘The barangay is regarded as a basic political unit. It serves as the primary planning and
implementing unit of government policies, plans, programs, projects and activities in the
community. It administer its affairs to preserve the comfort and wellbeing of barangay
inhabitants, promote health and safety and maintain peace and order. Barangays therefore
contribute in the political and economic activities in the country. However, not all barangays are
created equal.

The last paragraph of Sec. 285 of Republic Act 7160, otherwise known as the Local
Government Code of 1991, 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.

Such provision effectively precluded Barangay Bukal in the Municipality of Nabunturan,
Province of Compostela Valley from receiving Internal Revenue Allotment (IRA) that other
barangays enjoy under normal circumstances. Brgy. Bukal was created pursuant to Provincial
Ordinance No. 03, series of 1993 which was enacted and approved by the Sangguniang
Panlalawigan of Davao on December 15, 1993.

Article I, 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.

The provision found in Sec. 285 of R.A 7160 deprived some barangays of their just share
in the national taxes, in this case Barangay. Bukal in Nabunturan, Compostela Valley. A
condition which to some extent affects the genuine autonomy of the smallest administrative unit
in our system of government which the local government code seeks to establish and perpetuate.

Hence, this Representation is compelled to file this bill with the fervent hope that pending
the amendment of such iniquitous provision of the existing law, a more expedient remedy will be
availed of for the said non-IRA barangay to enable it to augment its scarce resources through
legislative fiat.

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

Gy a
RUWEL (ts sf


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2718

Introduced by REP. RUWEL PETER S. GONZAGA

AN ACT
CREATING A BARANGAY TO BE KNOWN AS BARANGAY BUKAL IN THE
MUNICIPALITY OF NABUNTURAN, PROVINCE OF COMPOSTELA VALLEY

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

SECTION 1. Creation of Barangay Bukal. — There is hereby created a barangay to be known as
Barangay Bukal in the Municipality of Nabunturan, Province of Compostela Valley.

‘The territorial boundaries of Barangay Bukal are described as follows:

A parcel of land, situated in the Municipality of Nabunturan, Province of Davao; Bounded on the
North, points 2-3-4-5-6, by Mainit National Park and points 1-2 and 6-7, by barangay Mainit; on
the east, points 7-8, by the Municipality of New Bataan; on the South, points 8-9, by the
Municipality of Maco; and on the West, points 9-1, by the Municipality of Mawab, Beginning at
a point marked “1” being located at a point 125 deg. 59, 45” East 7 deg. 29” North; thence ......

90 deg. E, 1,900 m.to point 2;
33 deg. W, 870 m.to point 3;
27 deg. E, 2,160  m.to point 4;
77 deg. E, 2,950 m.to point 5;
deg. W, 1,940 m.to point 6;
90 deg. E, 3,250 m.to point 7;
16 deg. E, 5,800 m.to point 8;
77 deg. W, 9,920  m.to point 9;
4 deg. W, 3,300  m. to point beginning;

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Containing an area of approximately THREE THOUSAND AND FIFTY FIVE (3,055)
HECTARES. All points referred to are indicated on the map attached.

SEC. 2. Conduct and Supervision of Plebiscite.- The plebiscite conducted and supervised by the
Commission on Elections (COMELEC) pursuant to Provincial Ordinance No. 03 series of 1993,
which was enacted and approved by the Sangguniang Panlalawigan of Davao on December
15,1993, which ratified the creation of Barangay Bukal as proclaimed by the Plebiscite Board of
Canvassers, shall serve as a substantial compliance with the plebiscite requirement under Section
10 of Republic Act 7160 as amended, otherwise known as the Local Government Code of 1991.

SEC. 3. Barangay Officials — The incumbent elected barangay officials of Barangay Bukal in the
Municipality of Nabunturan, Province of Compostela Valley shall continue to hold office until
such time that their successors have been duly elected and qualified


SEC. 4. 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.5. Internal Revenue Allotment Share — Barangay Bukal 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. Effectivity Clause ~ This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in any newspaper of general circulation.

Approved,