QuestionsQuestions (PRC BOARD OF NURSING BOARD Resolution NO. 425)
PD 1091 is a Presidential Decree issued under the President’s constitutional/extraordinary lawmaking authority during the Marcos regime. By its text, it is “ordered and decreed, as part of the law of the land,” and it creates a new municipality as a matter of law.
PD 1091 created the Municipality of Lumbayanague in the Province of Lanao del Sur.
The barangays were separated from the Municipality of Lumbatan and the Municipality of Butig.
Section 1 lists specific barangays from Lumbatan and Butig. Those listed barangays are separated and constituted into a distinct and independent municipality named Lumbayanague.
Section 1 enumerates numerous barangays from Lumbatan (e.g., Bacayawan I, Bacayawan II, Bago-ingud, etc., including Lumbayanague (Kabasaran)) and from Butig (e.g., Bualan, Mapantao-Balangas, Pagalonagan, Pan-ta-on).
The seat of government is in Barangay Lumbayanague.
Except as otherwise provided in the decree, “all provisions of law, now or hereafter applicable to regular municipalities shall be applicable” to Lumbayanague.
The present elective officials of the Municipality of Lumbatan perform their duties in the newly created municipality until officials are duly appointed by the President, holding office until successors are elected and qualified.
The decree states that successors shall be elected in the election for provincial and municipal officials following the issuance of the decree, after which appointed officials’ terms end.
Such appointive officers and employees “as may be necessary to organize or to complete the government personnel” shall be appointed as provided under existing laws.
It provides that the proportional share of the new municipality in the obligations, funds, assets, and other property of Lumbatan and Butig shall be transferred by the President upon the recommendation of the Commission on Audit.
COA is required to recommend the transfer based on appropriate computation/audit processes; the President then effects the transfer based on COA’s recommendation.
Section 6 repeals or modifies all laws, parts of laws, and executive orders/regulations inconsistent with PD 1091.
It “shall take effect immediately.” Practically, this means the creation of the municipality and the initial administrative/transfer rules commence upon effectivity.
It expressly “creates” a “distinct and independent municipality,” specifies territorial barangays, sets the seat of government, provides for officials and administration, and addresses property/obligations transfer.
It identifies the central location where municipal governance is established (e.g., municipal offices and governmental activities), consistent with the decree’s directive.