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

House Bill NS 845,

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 to 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


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 New Lower Bicutan to be entitled to a just share from the national taxes.

Barangay New Lower Bicutan, 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 Six Thousand One Hundred square meters (106,100 sq. m.), more or less,
and a population of Forty-One Thousand Seven Hundred and Eight (41,708). It is
bounded on the North East by M.R.T. Avenue (formerly Pio Felipe Street); on the
East and South East, by Laguna de Bay; on the South, by Teodoro Santos Street,
Taguig Bethel Temple, Lots 350, 50 and 249 PLS 272; and on the West and North
West by Barrameda Street, Maguindanao Street, Alfredo Cruz Street, Transmission
Line, and Barangay Signal Village Proclamation No. 172 Psd-13-002057, 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 Lower Bicutan, and
created as a separate barangay by the City Government of Taguig, acting through
the Sangguniang Panlungsod, under City Ordinance No, 69-2008 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.

Px b. Cupane
PIA S. CAYETANO

2" District of Taguig City


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

House Bill NOB 845

Introduced by REPRESENTATIVE PIA S. CAYETANO

AN ACT
CREATING A BARANGAY TO BE KNOWN AS BARANGAY NEW LOWER
BICUTAN 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 New Lower Bicutan. ~ New Lower
Bicutan Proper in Barangay Lower Bicutan, City of Taguig, Metro Manila is hereby
separated from Barangay Lower Bicutan and constituted into a distinct and
independent barangay to be known as Barangay New Lower Bicutan

SEC. 2. Territorial Boundaries. - The territorial boundaries of Barangay
New Lower Bicutan shall consist of permanent natural boundaries identified as
follows:

“Bounded on the Northeast by M.R.T. Avenue (formerly Pio Felipe Street);

On the East and Southeast by Laguna de Bay;

On the South Teodoro Santos Street, Taguig Bethel Temple, Lots 350, 50 and
249 PLS 272; and

On the West and Northwest by Barrameda Street, Maguindanao Street,
Alfredo Cruz Street, Transmission Line, and Barangay Signal Village Proclamation
No. 172 Psd-13-002057.”


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SEC. 3. Conduct and Supervision of Plebiscite. - The plebiscite conducted
and supervised by the Commission on Elections (COMELEC) in Barangay Lower
Bicutan pursuant to City Ordinance No, 69, Series of 2008 of the Sangguniang
Panlungsod of the City of Taguig, which ratified the creation of Barangay New Lower
Bicutan 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 New Lower Bicutan, 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 New Lower
Bicutan 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,