QuestionsQuestions (PRESIDENTIAL DECREE NO. 586)
PD No. 586 amends Republic Act (R.A.) No. 6372, which created the Municipality of Dupax del Sur. It primarily amends Section 4 (seat of municipal governments) and Section 6 (choice of municipality for incumbent officials and filling of vacancies).
The seat of the municipal government of Dupax del Sur shall be in the old poblacion of Dupax.
Malasin is the seat of the municipal government of Dupax del Norte.
The new municipality acquires corporate existence following a plebiscite held at the national or local elections immediately following approval of the Act, where a majority of the qualified voters of all the barrios concerned vote affirmatively in favor of the creation.
After canvass, 1,044 votes were cast in favor and 92 votes against the separation and constitution into a distinct and independent municipality out of 1,803 registered voters of the barrios and sitios concerned.
It found that R.A. 6372 requires only the affirmative vote of a 'majority of the qualified voters' of all the barrios concerned, and that the affirmative votes cast represent the affirmative votes of a majority of the qualified voters of the barrios concerned.
A referendum was held on January 10-15, 1973, where the people through the barangays reiterated their wish to have the division of Dupax implemented in accordance with R.A. 6372.
The barrio councils of all the barrios comprising the proposed Municipality of Dupax del Sur adopted Resolution No. 3 during a Joint Special Meeting on May 20, 1973, urging immediate implementation of R.A. 6372.
It approved Resolution No. 88 concurring with the necessity and wisdom of immediate implementation of R.A. 6372 and placing the entire leadership of the municipality in favor of the division contemplated by R.A. 6372.
It states that after examining Remark Sheets submitted in connection with the July 27-28, 1973 national referendum, the Commission on Elections certified that the overwhelming sentiment of the people in the affected area continues to be in favor of implementing R.A. 6372.
President Ferdinand E. Marcos, citing powers vested by the Constitution as Commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 and General Order No. 1 (as amended).
Within thirty (30) days from issuance of the decree, any incumbent elective official of the present Municipality of Dupax must choose the municipality where he wants to serve his unexpired term of office.
The elective positions left vacant shall be filled by appointment by the President of the Philippines.
Appointed officials serve the unexpired term of the office to which they were appointed.
Section 3 repeals, amends, or modifies all laws, executive orders, decrees, rules, and regulations (or parts thereof) inconsistent with the provisions of PD No. 586.
It shall take effect immediately.
It suggests PD No. 586 focused on operational governance details (seat of municipal governments and disposition of incumbent elective officials) while leaving the plebiscite/majority requirement (the condition precedent for creation) intact, since the text emphasizes that the condition was complied with via the 1971 plebiscite and subsequent reiterations.