QuestionsQuestions (PRESIDENTIAL DECREE NO. 1339)
PD 1339 is a law enacted by the President of the Philippines under the powers vested by the Constitution (as stated in the decree). It has the force of law and creates a new local government unit, specifically a barangay.
PD 1339 creates Barangay Almanza Dos in the Municipality of Las Piñas, Metro-Manila.
The decree detaches and separates the DBP (formerly Almanza), T.S. Cruz, and B.F. Almanza subdivisions in Barangay Almanza (Las Piñas) to form Barangay Almanza Dos.
No. Section 1 expressly states that the creation of Barangay Almanza Dos is made without affecting in any manner the legal existence of the mother barangay.
The preamble states that creating local government units helps achieve socio-economic upliftment through faster administrative response and supports social, educational, cultural, and economic needs, especially during periods of economic adjustment.
Section 2 provides that except as otherwise provided, all provisions of law applicable to regular barangays shall apply to Barangay Almanza Dos.
Section 3 provides that the present elective barangay officials of Barangay Almanza continue performing their duties until the barangay officials of Barangay Almanza Dos are appointed by the President.
They are appointed by the President. They hold office until their successors are elected in the regular barangay elections following the issuance of the decree and shall have qualified, unless removed earlier at the pleasure of the President.
Section 3 states that such appointive officers and employees, as may be necessary, shall be appointed as provided for under existing laws.
Section 4 provides that upon effectivity, the proportionate share of Barangay Almanza Dos in the obligations, funds, assets, and other property of Barangay Almanza shall be transferred by the President upon recommendation of the Commission on Audit.
The Commission on Audit recommends the transfer of the proportionate share (in obligations, funds, assets, and other property) of Barangay Almanza Dos to the newly created barangay.
It repeals or modifies all laws or parts of laws, and all executive orders or regulations, inconsistent with PD 1339.
Section 6 states that it takes effect immediately.
It implies that effective implementation of government development programs requires oversight by local officials, which is facilitated by creating smaller, more administratively responsive barangays.
By declaring that, except as provided in the decree, all laws applicable to regular barangays apply to Barangay Almanza Dos, thereby providing a legal framework for its operation.