QuestionsQuestions (Republic Act No. 1212)
Republic Act No. 1212 is entitled “AN ACT CREATING THE MUNICIPALITY OF SAN JOSE, PROVINCE OF NEGROS ORIENTAL.” Its purpose is to create a new municipality—San Jose—in Negros Oriental by separating specified barrios from the former Municipality of Ayuquitan (and which are now part of Amlan).
The barrios separated are: Ayuquitan, Basak, Cambaloctot, Calo, Cancawas, Hanay-Hanay, Jilocon, Lala-an, Naiba, Tapon Norte, and Tampi. The law also includes sitios Guinsayawan, Kang-atid, Kangdajonog, Guilongsoran, and Kaputihanan, which are part of the barrio of Siapo.
They are separated from the former Municipality of Ayuquitan, and the law also states that these areas are now part of the Municipality of Amlan. Thus, the separation is from the municipality under which they are currently situated (Amlan), while referencing their former affiliation (Ayuquitan).
The seat of government is at the site of the present barrio of Ayuquitan.
Section 2 covers the first mayor, vice-mayor, and councilors of the new municipality.
They are appointed by the President of the Philippines alone.
They hold office until their successors are elected in the next general election for provincial and municipal officials and have duly qualified.
They are held in the next general election for provincial and municipal officials after the appointment; the appointed officials serve up to the qualification of their elected successors.
No. Section 2 provides for appointed officials only for the initial period. Successors are to be elected in the next general election and then qualify.
The legal basis is the enactment of a specific statute by Congress—Republic Act No. 1212—which uses the enacted provisions to separate certain barrios and constitute them into a new municipality.
Yes. The law specifically includes certain sitios—Guinsayawan, Kang-atid, Kangdajonog, Guilongsoran, and Kaputihanan—which are identified as sitios of the barrio of Siapo.
It means the affected barrios and sitios cease to be part of the old municipality (as stated in the law) and are reorganized under a new corporate and political unit—a new municipality—named San Jose.
Section 3 states: “This Act shall take effect upon its approval.” Thus, its effectivity is upon the date it was approved.
It identifies the official name of the newly created local government unit (LGU) as “Municipality of San Jose,” making it the legally recognized municipality under the Act.
Section 1 states the barrios “formerly belonged to the former Municipality of Ayuquitan and are now part of the Municipality of Amlan,” indicating a change in administrative assignment over time, but the Act ultimately reorganizes them into the Municipality of San Jose.
The Act implies immediate establishment of governing leadership by presidential appointment (first mayor, vice-mayor, councilors), followed by the conduct of elections in the next general election to choose successors who will duly qualify.