QuestionsQuestions (PRESIDENTIAL DECREE NO. 1336)
It was issued by the President “by virtue of the powers… vested by the Constitution,” and decrees the creation of a new barangay as part of the law of the land.
The subdivisions known as Carmencita, Paramount, Admiral Park, Pelayo, Aristocrat, Doña Purisima and Golden Gate (within Barangay Talon) were detached and separated to form Barangay Talon Tres.
No. Section 1 states that creation of Barangay Talon Tres is without affecting in any manner the legal existence of the mother barangay Talon.
Except as otherwise provided, all provisions of law applicable to regular barangays shall also apply to Barangay Talon Tres.
Section 3 provides that the present elective barangay officials of Barangay Talon continue to perform their duties as officials in the newly created Barangay Talon Tres until appointed barangay officials are established.
The decree states that the barangay officials of Barangay Talon Tres shall have been appointed by the President (after the decree takes effect).
They hold office until their successors shall have been elected in the regular elections for barangay officials following the issuance of the decree, and they may be removed sooner at the pleasure of the President.
Appointive officers hold office only after they qualify, consistent with general requirements for appointment to take effect.
Such appointive officers and employees shall be appointed as provided for under existing laws.
Section 4 requires that the proportionate share of Barangay Talon Tres in the obligations, funds, assets, and other property of Barangay Talon shall be transferred by the President upon recommendation of the Commission on Audit.
The Commission on Audit (COA).
It repeals or modifies laws, parts of laws, executive orders, or regulations that are inconsistent with PD 1336.
It shall take effect immediately, as stated in Section 6.
It cites the basic objective of accelerating socio-economic development, the need for close supervision by local officials in development projects, and the inhabitants’ desire to create the proposed barangay to attain the goals of the “New Society.”
It identifies specific subdivisions located in Barangay Talon within the Municipality of Las Piñas, Metro-Manila, and detaches them to create Barangay Talon Tres.
It means general barangay laws apply to Barangay Talon Tres, but provisions of PD 1336 that are different or special (Sections 3, 4, etc.) prevail where applicable.