Authority and legal basis
- The creation of Barangay Sta. Maria required compliance with the plebiscite requirement under Section 10 of Republic Act No. 7160, as amended, otherwise known as the Local Government Code of 1991.
- The plebiscite for Barangay Sta. Maria was conducted and supervised by the Commission on Elections (COMELEC).
- The plebiscite was conducted pursuant to Provincial Resolution No. 124, series of 2013 of the Sangguniang Panlalawigan of the Province of Occidental Mindoro.
- The Sangguniang Panlalawigan resolution ratified the creation of Barangay Sta. Maria as proclaimed by the plebiscite board of canvassers on September 13, 2014.
Policy, purpose, and governance continuity
- The Act establishes Barangay Sta. Maria as a distinct and independent barangay within the Municipality of Abra de Ilog, Province of Occidental Mindoro.
- The Act maintains governmental continuity by requiring that incumbent barangay officials continue to hold office.
- Incumbent barangay officials of Barangay Sta. Maria shall hold office until their successors are duly elected and qualified.
Creation of Barangay Sta. Maria
- Section 1 separates the sitios of Amatang, Sto. Tomas, Guiguinto, Balagnan, Iba and Asigang from Barangay Wawa.
- The separation is made within the Municipality of Abra de Ilog, Province of Occidental Mindoro.
- The separated sitios are constituted into a distinct and independent barangay known as Barangay Sta. Maria.
Territorial boundaries and technical description
- Section 2 identifies the territorial boundaries of Barangay Sta. Maria by reference to adjoining features and adjacent barangays/municipality.
- The boundary adjoining lots/features are identified for lines 1 to 73 through 87 to 1, including:
- Verde Island Passage for Line 1 to 73,
- Barangay Wawa for Lines 73 to 85 (adjoining feature stated as Barangay Wawa),
- Barangay San Vicente for Line 85-86 (as adjoining feature stated as Barangay San Vicente),
- Municipality of Palauan for Line 86-87 (as adjoining feature stated as Municipality of Palauan).
- The Act includes a detailed technical description using specified tie points, bearings, and distances.
- The technical description states that the territory contains an area of 47,502,397 square meters, more or less.
Plebiscite compliance and ratification
- Section 3 provides that the plebiscite conducted and supervised by COMELEC shall serve as substantial compliance with the plebiscite requirement under Section 10 of Republic Act No. 7160.
- The plebiscite is deemed substantial compliance because it was conducted and supervised pursuant to Provincial Resolution No. 124, series of 2013 and ratified the creation later proclaimed by the plebiscite board of canvassers on September 13, 2014.
- Substantial compliance applies otherwise known as the “Local Government Code of 1991” plebiscite requirement.
Transfer of public assets and fiscal entitlement
- Section 5 transfers all public infrastructure and facilities for public use existing therein at the time of the approval of this Act.
- The transfer is without cost or compensation to and administered by the new barangay.
- Section 6 grants Barangay Sta. Maria entitlement to Internal Revenue Allotment (IRA) shares under Section 285 of Republic Act No. 7160, as amended.