Title
Amendment of Municipality of San Jose, Dinagat
Law
Republic Act No. 9859
Decision Date
Dec 20, 2009
Republic Act No. 9859 amends the creation of the Municipality of San Jose in Dinagat Islands by segregating specific barangays from the existing municipality to form a new independent municipality, encompassing approximately 3,422 hectares.

Amendment of municipality creation law

  • Section 1 of Republic Act No. 6769 is amended by Republic Act No. 9859.
  • Dinagat remains a municipality exercising powers and discharging functions over the areas specified in the law of its creation except for enumerated barangays that are segregated.
  • Barangays San Jose, Matingbe, Jacques, Aurelio, Mahayahay, San Juan, Don Ruben Ecleo, Justiniana Edera, Sta. Cruz, Cuarenta, Wison and Luna are segregated from the original municipality.
  • The segregated barangays are constituted into a separate and independent Municipality of San Jose, within the Province of Dinagat Islands.
  • The amended Section 1 provides a complete description of the new Municipality of San Jose’s boundaries.

Covered area and boundary description

  • The Act provides that Dinagat in the Province of Dinagat Islands shall remain a municipality over remaining areas after segregation to a separate municipality.
  • The newly constituted Municipality of San Jose has boundaries beginning at point 1 with coordinates (N Latitude 09A 59' 33", E Longitude 125A 33' 28").
  • The boundary follows a series of shoreline and directional segments:
    • From point 1, it proceeds to Mahangin Point following the shoreline of Melgar Bay in the northern direction.
    • It then follows the shoreline along Tagbabui Cove in the southeasterly direction to point 2 at (N Latitude 10A 20' 10.8", E Longitude 125deg 35' 56").
    • It then proceeds southeast, 2,780.00 meters to point 3 at (N Latitude 10A 01' 53.20", E Longitude 125A 37' 30.70").
    • It then proceeds due East, 1,365.00 meters to point 4 at (N Latitude 10A 01' 53.20", E Longitude 125A 38' 15.66").
    • It then proceeds due South, 4,265.00 meters to point 5 at (N Latitude 09A 59' 33", E Longitude 125A 38' 15.66").
    • It then proceeds due West, 8,600.00 meters back to point 1, including Puyo Island.
  • The Act states that the area covered by the newly constituted Municipality of San Jose is approximately 3,422 hectares.
  • The boundary description expressly states “including Puyo Island” within the closing boundary segment.

Secession effect within Dinagat

  • Republic Act No. 9859 effects a segregation of specified barangays from the municipality of Dinagat.
  • The segregated barangays become a separate and independent Municipality of San Jose.
  • The separate municipality remains within the Province of Dinagat Islands.
  • The Act maintains that the remaining areas stay within Dinagat under its existing powers and functions, subject to the segregation.

Implementation and administrative requirements

  • The Act contains no additional procedural requirements for implementation beyond the publication and effectivity rule in the final section.
  • The only timing requirement is that the Act becomes effective fifteen (15) days after complete publication in at least two (2) national newspapers of general circulation.

Repeal, separability, and sunset

  • Republic Act No. 9859 contains no separability clause.
  • Republic Act No. 9859 contains no repealing clause.
  • Republic Act No. 9859 contains no sunset provision.

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