Title
San Jose Municipality Creation Amendment
Law
Republic Act No. 9859
Decision Date
Dec 20, 2009
The Philippine Jurisprudence case involves the amendment of Republic Act No. 6769, which establishes the boundaries of the Municipality of San Jose and segregates certain barangays from the Municipality of Dinagat in the Province of Dinagat Islands.

Questions (Republic Act No. 9859)

RA 9859 amends Section 1 of Republic Act No. 6769 to adjust the territorial composition of the Municipality of Dinagat (Dinagat in the Province of Dinagat Islands) by segregating specific barangays to form a separate and independent Municipality of San Jose.

RA 9859 amends Section 1 of Republic Act No. 6769, which originally created the Municipality of San Jose in the Province of Dinagat Islands, by revising which areas/barangays are excluded and by restating the boundary description.

Dinagat in the Province of Dinagat Islands shall remain a municipality, exercising powers over the areas specified in its creation law, except the enumerated barangays which are segregated.

The segregated barangays are: San Jose, Matingbe, Jacques, Aurelio, Mahayahay, San Juan, Don Ruben Ecleo, Justiniana Edera, Sta. Cruz, Cuarenta, Wison, and Luna.

It indicates a territorial and administrative separation: the specified barangays cease to be part of the original municipality (Dinagat) and become part of an independent municipality (San Jose), with its own local government to exercise powers within its territory.

The law provides a detailed metes and bounds description, beginning at Point 1 with specified latitude/longitude coordinates, then following shorelines/coves, then proceeding with distance and direction (e.g., meters due east, due south, due west), and includes a proviso about the inclusion of Puyo Island.

It begins at point 1 (N Latitude 09A 59' 33", E Longitude 125A 33' 28").

It references the shoreline of Melgar Bay (northward) and the shoreline along Tagbabui Cove (southeasterly direction).

Examples: from point 2, “southeast” for 2,780.00 meters to point 3; from point 3, “due East” for 1,365.00 meters to point 4; from point 4, “due South” for 4,265.00 meters to point 5; and from point 5, “due West” for 8,600.00 meters back to point 1.

Yes. The law states: “including Puyo Island.”

Approximately 3,422 hectares.

The Act takes effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.

It is a publication requirement for effectivity; under this law, the 15-day countdown begins only after complete publication in at least two national newspapers of general circulation.

Juan Ponce Enrile (President of the Senate), Prospero C. Nograles (Speaker of the House of Representatives), Gloria Macapagal-Arroyo (President of the Philippines), and the secretaries of the Senate and House are also indicated in the document.

Examine (1) the list of segregated barangays, (2) the statement that Dinagat remains but with specified exclusions, (3) the metes and bounds boundary clauses (points, coordinates, directions, distances, shoreline references), (4) any inclusion provisos (e.g., Puyo Island), and (5) the approximate area and effectivity/publication clause.


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