QuestionsQuestions (PRESIDENTIAL DECREE NO. 1488)
PD 1488 is a presidential issuance with the force of law. It aims to create a new barangay (Barangay Concepcion Dos) in Marikina, Metro Manila by detaching specified subdivisions from the existing Barangay Concepcion and establishing the new barangay as a distinct local political unit.
The subdivisions known as SSS Village, Rimview Park, and Bonita Homes in Barangay Concepcion, Municipality of Marikina, Metro-Manila are detached and separated to form Barangay Concepcion Dos.
Section 1 expressly states that the creation of Barangay Concepcion Dos shall not affect, in any manner, the legal existence of the mother barangay Concepcion.
Section 2 provides that, except as otherwise provided in the decree, all provisions of law applicable to regular barangays shall apply to Barangay Concepcion Dos.
Section 3 provides that the present elective barangay officials of Barangay Concepcion continue performing their duties in the newly created Barangay Concepcion Dos until barangay officials of the new barangay shall have been appointed by the President.
Section 3 states that the barangay officials of Barangay Concepcion Dos shall be appointed by the President. It also indicates that such appointive officers and employees necessary to organize the barangay shall be appointed under existing laws.
They hold office until their successors are elected in the regular barangay elections following the issuance of the decree and have qualified, unless sooner removed at the pleasure of the President.
Section 4 says the President shall transfer the proportionate share of Barangay Concepcion Dos in the obligations, funds, assets, and other properties of Barangay Concepcion, upon the recommendation of the Commission on Audit.
The Commission on Audit must recommend the transfer of the proportionate share.
“Proportionate share” refers to an allocation of the mother barangay’s obligations and properties corresponding to the portion pertaining to the newly created barangay. The decree operationalizes this by requiring the President to transfer it upon the Commission on Audit’s recommendation.
Section 6 provides that it shall take effect immediately.
Yes. Section 5 states that all laws or parts of laws as well as all executive orders or regulations inconsistent with the decree are repealed or modified accordingly.
The decree states that it is issued by virtue of the powers vested in the President by the Constitution.
The “Whereas” clauses provide the policy rationale—accelerating socio-economic development and the need for close supervision of local officials—supporting the substantive provisions that legally create the barangay and set rules on governance, property, and applicability of law.
It is tied to the period after the current elective officials continue in duty. Specifically, once PD 1488 becomes effective, the existing elective officials continue until the President appoints the new officials for Barangay Concepcion Dos; those appointees then remain until successors are elected in the next regular barangay elections following issuance and qualification.
It means that, unless PD 1488 provides otherwise (e.g., on appointment and property transfer), Barangay Concepcion Dos is governed by the same legal framework and rules applicable to barangays created and operating under the general law for regular barangays.