Question & AnswerQ&A (MANILA CITY ORDICE NO. 8384)
The ordinance declares the territorial jurisdiction of Barangay 20, Zone 2, District I, Manila, specifically including the area of Pier 4 Gate to the North, ICTSI Road to the South, Manila Bay to the West including the International Container Terminal Services Incorporated Compound and Isla Puting Bato, and Radial Road 10 to the East, thus affirming City Council Resolution No. 24, Series of 2014, for the lawful collection and use of Real Property Taxes within this area.
The territorial boundaries declared include Pier 4 Gate to the North, ICTSI Road (C.M. Recto Extension) to the South, Manila Bay to the West (including the International Container Terminal Services Incorporated Compound and Isla Puting Bato), and Radial Road 10 to the East.
The ordinance was passed because Barangay 20 presented clear and convincing evidence supporting their claim over the territorial jurisdiction, no other adjoining barangays made similar claims initially, and all concerned were given opportunities to present their views during committee hearings.
The COA pointed out the absence of a City Council Ordinance as a legal basis supporting the release of funds to barangays, as required by Section 6 of the Local Government Code, which states that changes in territorial boundaries of barangays must be done by ordinance passed by the relevant sangguniang panlungsod.
Section 6 requires that the creation, division, merging, abolition, or substantial alteration of boundaries of barangays must be enacted by ordinance passed by the sangguniang panlalawigan or sangguniang panlungsod concerned, subject to limitations and requirements prescribed in the code.
Section 3 specifies that all income, governmental, and corporate services incidental to the passing of the ordinance shall be collected, delivered, and performed by Barangay 20, Zone 2, District I, Manila in the declared area.
The ordinance shall take effect upon its approval.
Pursuant to Section 54 paragraph (b) of Republic Act No. 7160 or the Local Government Code of 1991, if the Local Chief Executive does not communicate approval or veto within 10 days, the ordinance shall be deemed approved as if it was signed.
The ordinance affirms City Council Resolution No. 24, Series of 2014, which initially recognized the request of Barangay 20 for their lawful share of Real Property Taxes from establishments within the claimed territorial jurisdiction.
The ordinance clarifies that the declaration of territorial jurisdiction by the City Council is proper and sufficient for barangay-level territorial claims in the context of local government units, and this is consistent with local autonomy under the Local Government Code, distinguishing the case from the creation or substantial alteration of political subdivisions which requires Congress legislation.