Title
Division of Barangay Magugpo into Five
Law
Republic Act No. 10954
Decision Date
Oct 30, 2017
Republic Act No. 10954 divides Barangay Magugpo in Tagum City, Davao del Norte into five separate barangays, with defined boundaries and specific areas, and ensures the continuation of incumbent officials, transfer of public infrastructure, and entitlement to Internal Revenue Allotment shares.
A

Questions (EXECUTIVE ORDER NO. 69)

RA 10954 divides Barangay Magugpo in the City of Tagum, Davao del Norte into five (5) distinct and independent barangays: Barangay Magugpo Poblacion, Magugpo East, Magugpo West, Magugpo North, and Magugpo South.

Barangay Magugpo Poblacion, Barangay Magugpo East, Barangay Magugpo West, Barangay Magugpo North, and Barangay Magugpo South.

Section 2 provides boundary descriptions per barangay using directional bearings (e.g., NE, SE, W, NW) and references to adjoining barangays, plus a technical description with tie points and line data.

It clarifies the precise metes and bounds of each barangay so their jurisdictions can be determined with certainty, consistent with the legal requirement for boundary definition when barangays are created or divided.

Section 3 states that the plebiscite conducted by COMELEC in Barangay Magugpo on May 29, 1994—under a provincial ordinance that ratified the division—constitutes substantial compliance with the plebiscite requirement under Section 10 of RA 7160.

RA 7160 (Local Government Code of 1991), specifically Section 10. RA 10954 relies on a prior COMELEC-supervised plebiscite as substantial compliance.

It was conducted and supervised by COMELEC in Barangay Magugpo on May 29, 1994.

Provincial Ordinance No. 2, Series of 1993 of the Province of Davao del Norte.

The incumbent barangay officials of all the newly created barangays shall continue to hold office until their successors are duly elected and qualified.

All public infrastructure and facilities for public use existing at the time of the Act’s approval are transferred without cost/compensation to the new barangays and administered by them.

All five barangays created are entitled to Internal Revenue Allotment (IRA) shares pursuant to Section 285 of RA 7160.

Section 285 of RA 7160.

The Act takes effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

The Commission on Elections (COMELEC).

It means the prior COMELEC-supervised plebiscite under the referenced provincial ordinance is treated as satisfying the plebiscite requirement in RA 7160, even if it was conducted before the Act’s approval.

It indicates that each resulting barangay will function as its own local political unit with its own barangay government structures and jurisdiction, rather than being subordinate parts of the original barangay.


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