Title
San Jose Municipality Creation Amendment
Law
Republic Act No. 9859
Decision Date
Dec 20, 2009
The Philippine Jurisprudence case involves the amendment of Republic Act No. 6769, which establishes the boundaries of the Municipality of San Jose and segregates certain barangays from the Municipality of Dinagat in the Province of Dinagat Islands.

Legal basis and amended law

  • Republic Act No. 9859 amends Section 1 of Republic Act No. 6769.
  • The amendment revises Section 1 of Republic Act No. 6769, which concerns the territorial coverage and boundaries of the Municipality of San Jose in the Province of Dinagat Islands.
  • Republic Act No. 9859 does not provide any repealing or sunset clause.

Policy and governing structure

  • Republic Act No. 9859 keeps the remaining portion of the Municipality of Dinagat (Province of Dinagat Islands) as a municipality with powers and functions over specified areas.
  • Republic Act No. 9859 creates a separate and independent Municipality of San Jose from enumerated barangays segregated from the existing municipality.
  • Republic Act No. 9859 establishes the Municipality of San Jose’s governing territorial framework by defining its boundaries and approximate land area.

Scope: barangay segregation and new municipality

  • Dinagat shall remain a municipality exercising powers and discharging functions over the areas specified in Republic Act No. 6769, except certain barangays.
  • Barangays San Jose, Matingbe, Jacques, Aurelio, Mahayahay, San Juan, Don Ruben Ecleo, Justiniana Edera, Sta. Cruz, Cuarenta, Wison and Luna are segregated from Dinagat to constitute a separate and independent Municipality of San Jose.
  • The new Municipality of San Jose remains within the Province of Dinagat Islands.
  • The segregation is implemented by amending Section 1 to redefine what areas remain with Dinagat and to define the new municipality’s boundaries.

Substantive territorial rules

  • The amended Section 1 states that Dinagat in the Province of Dinagat Islands shall remain a municipality for its retained areas, while the enumerated barangays are transferred for the creation of a distinct municipality.
  • The Municipality of San Jose is bounded using a coordinate-and-distance boundary description.
  • The boundary begins at point 1 (N Latitude 09A 59' 33", E Longitude 125A 33' 28").
  • The boundary proceeds by following coastal and directional segments and concludes by specifying “point 1” including Puyo Island, subject to the stated area approximation.

Boundary coordinates and distances

  • From point 1, the boundary follows the shoreline of Melgar Bay in the northern direction to Mahangin Point.
  • From Mahangin Point, the boundary follows the shoreline along Tagbabui Cove in the southeasterly direction to point 2 (N Latitude 10A 20' 10.8", E Longitude 125deg 35' 56").
  • The boundary then goes southeast, covering 2,780.00 meters, to point 3 (N Latitude 10A 01' 53.20", E Longitude 125A 37' 30.70").
  • The boundary then goes due East, covering 1,365.00 meters, to point 4 (N Latitude 10A 01' 53.20", E Longitude 125A 38' 15.66").
  • The boundary then goes due South, covering 4,265.00 meters, to point 5 (N Latitude 09A 59' 33", E Longitude 125A 38' 15.66").
  • The boundary then goes due West, covering 8,600.00 meters, to point 1, including Puyo Island.

Approximate area covered

  • Republic Act No. 9859 provides that the area covered by the Municipality of San Jose is approximately 3,422 hectares.

Approval, passage, and transmittal references

  • The Act states it originated in the House of Representatives and was finally passed by the House on May 25, 2009 and by the Senate on October 12, 2009.
  • The law bears signatures of Juan Ponce Enrile (President of Senate) and Prospero C. Nograles (Speaker of the House of Representatives), with respective secretarial signatures.
  • The President approves the Act on December 20, 2009.

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