Title
Creation of Barangay Sta. Maria, Occidental Mindoro
Law
Republic Act No. 11345
Decision Date
Apr 27, 2019
Republic Act No. 11345 creates Barangay Sta. Maria in Abra de Ilog, Occidental Mindoro, separating it from Barangay Wawa and defining its territorial boundaries, with incumbent officials continuing to hold office and entitlement to Internal Revenue Allotment shares.

Questions (Republic Act No. 11345)

RA 11345 created Barangay Sta. Maria in the Municipality of Abra de Ilog, Province of Occidental Mindoro.

The sitios of Amatang, Sto. Tomas, Guiguinto, Balagnan, Iba and Asigang were separated from Barangay Wawa, Municipality of Abra de Ilog, Province of Occidental Mindoro.

RA 11345 refers to Section 10 of Republic Act No. 7160 (Local Government Code). It states that the plebiscite conducted and supervised by COMELEC pursuant to a provincial resolution (Provincial Resolution No. 124, series of 2013) and ratified by canvass on September 13, 2014 serves as substantial compliance with the plebiscite requirement.

The plebiscite was conducted and supervised by the Commission on Elections (COMELEC).

The plebiscite was proclaimed/ratified by the Plebiscite Board of canvassers on September 13, 2014.

The law identifies adjoining features/lots by line: (1) Verde Island Passage, (2) Barangay Wawa, and (3) Barangay San Vicente, and (4) the Municipality of Palauan. Directions (e.g., N, E, SE, W) are also provided.

Incumbent barangay officials of Barangay Sta. Maria shall continue to hold office until their successors have been duly elected and qualified.

All public infrastructure and facilities for public use existing at the time of approval are transferred without cost or compensation to Barangay Sta. Maria and are to be administered by the new barangay.

Barangay Sta. Maria is entitled to Internal Revenue Allotment (IRA) shares under Section 285 of RA 7160 (Local Government Code of 1991).

It takes effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

It is based on Article VI, Section 27(1) of the Constitution, as stated in the text.

The House passed the bill on May 15, 2018; the Senate amended it on February 6, 2019; and House of Representatives concurred in the Senate amendments on February 8, 2019.

The technical description states that the barangay contains an area of 47,502,397 square meters, more or less.

Because barangay boundaries affect jurisdiction, governance, taxation, delivery of services, and electoral precinct administration; the law provides detailed bearings, distances, and tie points.

It implies that the plebiscite that was conducted and ratified according to the cited COMELEC and provincial resolution requirements is considered legally sufficient to satisfy the plebiscite requirement under RA 7160, even if not literally repeated in the manner otherwise required.


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