QuestionsQuestions (MEMORANDUM CIRCULAR NO. 18)
It is a presidential issuance that, by constitutional authority, creates a new municipality—Barira—in Maguindanao, detaching specified territories from the mother municipality (Buldon) to promote economic development and peace and order, and ensuring it does not adversely affect the mother municipality’s fiscal stability.
The barangays Barira, Nabalawag (Western part), Tugaig (Western part), Liong, Lipawan, Bualan, Gadung, Lipa, Marang, and Ruminimbang—together with numerous named sitios—are detached from the Municipality of Buldon, Province of Maguindanao, to form Barira.
The seat of government is in sitio Pedtad of Barangay Lipawan.
It cites persistent clamor and petitions of residents and leaders; favorable recommendations of concerned provincial and municipal authorities; viability based on estimated annual income and development potentials; and the municipality’s creation as a means to accelerate economic development and restore peace and order, without adversely affecting the mother municipality’s status and financial stability.
The boundaries are described using geographic references and directional/river-and-falls tracing: starting at Mt. Boroanga peak on the Maguindanao–Lanao del Sur boundary; to Banganan Falls center; downstream along Banganan River to its confluence with Ambal River; then downstream along Ambal River to its confluence with Simuay River; then along the boundary of Buldon and Parang as defined in Republic Act No. 3419 up to the Maguindanao–Lanao del Sur boundary, returning to the point of beginning.
It indicates that the boundary description used in PD 1188 was anchored on an official municipal resolution defining or confirming the territorial line within the mother municipality context, which helps establish the intended boundaries.
It incorporates the boundaries between Buldon and Parang as defined in Republic Act No. 3419, and uses them as part of Barira’s boundary tracing.
Except as otherwise provided, all provisions of laws applicable to regular municipalities, now or in the future, shall be applicable to the new municipality of Barira.
The present elective municipal officials of Buldon shall continue performing their duties and shall continue to serve until municipal officials of Barira are appointed by the President.
Officials for Barira will be appointed by the President; they hold office until their successors are elected in the regular election for municipal officials following the issuance of the Decree and their qualification.
They shall be appointed as provided under existing laws.
It repeals or modifies all laws or parts of laws and any executive orders or regulations inconsistent with PD 1188.
It takes effect immediately.
It asserts that the creation of the local government unit through a presidential decree is within presidential legislative/authority delegated/recognized under the governing constitutional framework at that time.
Territorial detachment and creation of a new LGU; establishment of seat of government; definition of boundaries; application of municipal laws; transitional government arrangements for officials; repeal of inconsistent laws; and immediate effect.