Title
Creation of Braulio E. Dujali Municipality
Law
Republic Act No. 8473
Decision Date
Jan 30, 1998
Republic Act No. 8473 establishes the Municipality of Braulio E. Dujali in the Province of Davao, separating certain barangays from the municipalities of Panabo and Carmen, and appointing officials until successors are elected, while also determining the municipality's share in obligations, funds, and assets.

Creation of new municipality

  • Section 1 creates a new municipality within the Third District of the Province of Davao.
  • Section 1 separates the barangays Dujali, New Casay, Tanglaw and a portion of A. O. Floirendo of the Municipality of Panabo.
  • Section 1 also separates barangays Cabayangan and Magusiping of the Municipality of Carmen.
  • Section 1 constitutes these separated barangays into a distinct and independent municipality known as the Municipality of Braulio E. Dujali.

Municipal seat

  • Section 2 fixes the seat of government of the new municipality at Barangay Dujali.

Territorial jurisdiction and boundaries

  • Section 3 describes the territorial jurisdiction of the Municipality of Braulio E. Dujali within the Province of Davao, Island of Mindanao, Philippines.
  • Section 3 provides boundaries: north by Sto. Tomas, south by Carmen, east by Tagum, and west by Panabo, all within the Province of Davao.
  • Section 3 sets the metes and bounds beginning at point 1 at the intersection of Tadeco and Carmen–Sto. Tomas Roads, and continuing through specified road and river reference points.
  • Section 3 states the area is ninety-one square kilometers (91 sq. km.), more or less.

Corporate existence through plebiscite

  • Section 4 provides that the Municipality of Braulio E. Dujali acquires corporate existence upon ratification of its creation.
  • Section 4 requires ratification by the majority of the votes cast in a plebiscite.
  • Section 4 directs that the plebiscite be conducted in the municipality or municipalities affected.
  • Section 4 mandates the plebiscite be conducted within sixty (60) days after the approval of this Act, supervised by the Commission on Elections.
  • Section 4 allocates plebiscite expenses between the municipalities of Carmen and Panabo, Province of Davao del Norte.

Transitional local officials and tenure

  • Section 5 states that once creation is approved by a majority of votes cast in the plebiscite, the local executive and legislative officials are to be appointed.
  • Section 5 requires that the mayor, vice mayor, and members of the sangguniang bayan be appointed by the President of the Philippines.
  • Section 5 requires the President to make the appointments in consultation with the representative of the district affected and the governor of the Province of Davao.
  • Section 5 provides that the appointed officials shall discharge their functions until their successors shall have been elected and qualified.

Assets, liabilities, and auditing

  • Section 6 requires that within four (4) months after the effectivity of the Act, the Commission on Audit shall determine the proportionate share of the new municipality.
  • Section 6 covers the proportionate share in obligations, funds, assets, and other properties.

First-year and continuing financial requirements

  • Section 7 provides that during the first year of implementation, the newly created municipality shall receive a proportionate share from Panabo and Carmen from their respective internal revenue allotments.
  • Section 7 ties this first-year allocation to internal revenue allotments allocated pursuant to Section 285 of the Local Government Code.
  • Section 7 requires the proportionate share to follow terms and conditions set in resolutions to be submitted to the Department of Budget and Management by the respective sangguniang bayan of Panabo and Carmen.
  • Section 7 requires that these resolutions be made in consultation with the representative of the district and the governor of the province.
  • Section 7 provides that thereafter, the Municipality of Braulio E. Dujali shall be entitled to an internal revenue allotment as authorized under the same Local Government Code.

Governing laws and repeal of inconsistent rules

  • Section 8 provides that the Local Government Code and all other existing laws governing the administration and operation of the Municipality of Braulio E. Dujali apply.
  • Section 8 provides that laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with Republic Act No. 8473 are repealed or modified accordingly.

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