QuestionsQuestions (Republic Act No. 9032)
RA 9032 expands the area of jurisdiction of the Municipality of Culion, amending for the purpose RA 7193 (which created Culion).
RA 9032 inserts a new Section 1-A into RA 7193. It recognizes and declares certain barangays as legally existent upon Culion’s creation, specifies that they comprise the municipality, provides boundary references via Annex A, and addresses transfer/separation of other barangays and creation of a new barangay.
Balala, Baldat, Binudac, Culango, Galoc, Jardin, Libis, Luac, Malaking Patag, Osmeña and Tiza.
Their territorial boundaries are specified in Annex “A” of RA 9032.
Burabod and Halsey.
RA 9032 provides that the transfer is “subject to the provisions of Section 10, Republic Act No. 7160,” meaning the transfer must comply with the barangay and local government restructuring rule under that provision.
Barangay Carabao is created, composed of Bacutao, Baracuan, Binabaan, Cabungalen, Corong, De Carabao (Lumber Camp), Igay, Layanglayang, Marily Pula, and Pinanganduyan.
Upon effectivity of RA 9032, internal revenue allocations already allotted but not released by the Department of Budget and Management to those eleven (11) barangays from the time of Culion’s existence in 1995 shall be made available.
Barangays Burabod and Halsey shall continue to receive their respective internal revenue allocation as part of the Municipality of Culion.
Within sixty (60) days from effectivity, COMELEC must hold a plebiscite for transfer of Burabod and Halsey to Culion and for creation of Barangay Carabao.
In both municipalities of Culion and Busuanga, including barangays Burabod and Halsey.
In the whole Municipality of Culion.
Yes. RA 9032 states COMELEC may hold both plebiscites simultaneously.
COMELEC must hold elections for officials of the sangguniang barangay and sangguniang kabataan of the eleven (11) barangays recognized by the Act, simultaneous with the 2002 regular elections for barangay officials.
COMELEC shall also hold elections for the officials of Barangay Carabao simultaneous with the elections for the other recognized barangays.
Section 5 revokes the declaration of Culion as a national reservation for lepers by virtue of Executive Order No. 35 (Series of 1904).
In coordination with specified agencies and officials, it must determine areas that remain with the Department of Health, belong to the public domain, are alienable and disposable, become property of the Municipality of Culion, and become property of the Province of Palawan. The Municipality must receive at least 5% of the total land area; the Province at most 1%.
It shall not include forest land; or portions devoted to residential, business, commercial, or institutional purposes; tracks of land already developed for agricultural purposes or used as community settlements; or land occupied by members of indigenous communities; and no portion of marine waters may be made part of the hospital zone.
The Department of Health must relinquish administrative control to the Municipality of Culion over all lands and waters within Culion’s jurisdiction, except parcels retained for the Department’s sanitarium.
The Municipality of Culion is substituted to the Department of Health in all valid contracts, permits, and rights involving lands and water resources within Culion’s boundaries, subject to the Department’s land and water use policy; revenues redound to the Municipality subject to RA 7160 and other applicable laws.