Title
Creation of Samal Subprovince in Davao
Law
Republic Act No. 5999
Decision Date
Aug 4, 1969
Republic Act No. 5999 establishes the Subprovince of Samal within Davao, comprising the municipalities of Samal and Babak, contingent upon a favorable plebiscite vote by its qualified voters.

Questions (Republic Act No. 5999)

RA 5999 covers the Municipalities of Samal and Babak and all territories comprised therein in the Province of Davao, which are constituted into a subprovince known as the Subprovince of Samal.

The seat of government is in the Municipality of Samal.

It becomes effective only if a majority of the qualified voters of the proposed subprovince vote in favor of the creation in a plebiscite.

The plebiscite must be held simultaneously with the election in November, 1969, under the supervision of the Commission on Elections.

The plebiscite is supervised by the Commission on Elections (COMELEC).

The provisions of Sections 2137, 2138, 2139, 2140, 2141, 2142, and 2143 of the Administrative Code, as amended, are applied to the Subprovince of Samal.

RA 5999 provides for a lieutenant-governor of the Subprovince of Samal.

The lieutenant-governor shall receive a compensation of six thousand pesos per annum.

While the Act states it shall take effect upon its approval (Section 5), Section 4 expressly conditions the effectiveness of the creation of the subprovince on a favorable plebiscite with a majority vote.

Section 2 incorporates by reference specific provisions of the Administrative Code on matters relating to subprovinces, thereby prescribing the rules for governance for Samal.

It creates a new subprovince—Subprovince of Samal—out of the municipalities of Samal and Babak within the Province of Davao, subject to approval by plebiscite.

It must be held simultaneously with the election in November 1969.

A majority of the qualified voters of the proposed subprovince must vote in favor of the creation.

The text indicates the Act was enacted without Executive approval, effective as stated, but the creation of the subprovince still requires the plebiscite condition under Section 4.


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