Title
Jurisdiction expansion of Culion, Palawan
Law
Republic Act No. 9032
Decision Date
Mar 12, 2001
Republic Act No. 9032 expands the jurisdiction of the Municipality of Culion in Palawan, including the creation of new barangays and the transfer of others, while revoking the national reservation status of Culion and transferring administrative control over lands and waters to the municipality.

Ratification through IRAs—Funds availability

  • Section 2 requires that, upon the effectivity of the Act, internal revenue allocations already allotted but not released by the Department of Budget and Management be made available to the barangays Balala, Baldat, Binudac, Culango, Galoc, Jardin, Libis, Luac, Malaking Patag, OsmeAa and Tiza from the time of the existence of the Municipality of Culion in 1995.
  • Section 2 states that Barangays Burabod and Halsey shall continue to receive their respective internal revenue allocation as part of the Municipality of Culion.

Plebiscites required—Timeframes and coverage

  • Section 3 directs the Commission on Elections (COMELEC) to hold a plebiscite within sixty (60) days from the effectivity of the Act.
  • The plebiscite must cover (1) the transfer of barangays Burabod and Halsey to the Municipality of Culion and (2) the creation of the new indigenous cultural community barangay De Carabao.
  • The plebiscite for the transfer of Burabod and Halsey must be conducted in both municipalities of Culion and Busuanga, including the barangays Burabod and Halsey.
  • The plebiscite for the creation of Barangay Carabao must be conducted in the whole municipality of Culion.
  • Section 3 authorizes the COMELEC to hold both plebiscites simultaneously.

Elections for barangay officials—Simultaneity

  • Section 4 requires the COMELEC to hold elections for officials of the sangguniang barangay and sangguniang kabataan of the eleven (11) barangays whose legal existence is recognized under the Act.
  • Elections must be held simultaneous with the 2002 regular elections for barangay officials.
  • Section 4 provides that if Barangay Carabao is approved in the plebiscite, the COMELEC must also hold elections for officials of Barangay Carabao simultaneous with the elections for the other recognized barangays.

Revocation of leper reservation—Land classification

  • Section 5 revokes Culion’s designation as a national reservation for lepers by virtue of Executive Order No. 35, Series of 1904.
  • Section 5 requires that within six (6) months from the effectivity of the Act, the municipal government of Culion—in coordination with the Department of Environment and Natural Resources, Department of Health, Department of Agrarian Reform, the Representative of the First Congressional District of Palawan, the Province of Palawan, and the Palawan Council for Sustainable Development—determine areas for the stated dispositions.
  • Section 5 mandates determination of areas which shall:
    • remain with the Department of Health,
    • belong to the public domain,
    • be alienable and disposable,
    • become the property of the Municipality of Culion, and
    • become the property of the Province of Palawan.
  • Section 5 sets land area limits:
    • the aggregate land area for the Municipality of Culion shall not be less than five percent (5%) of the total land area of the Municipality;
    • the aggregate land area for the Province of Palawan shall not be more than one percent (1%) of the total land area of the Municipality.
  • Section 5 provides that the Department of Health’s retained “hospital zone” shall not include forest land or any portion of land devoted to residential, business or commercial, and institutional purposes, and shall not include tracks of land already developed for agricultural purposes or used as community settlements, or land occupied by members of the indigenous communities, and no portion of marine waters may be made part of the hospital zone.

Transfer of administrative control and substitutions

  • Section 6 provides that upon the effectivity of the Act, the Department of Health must relinquish administrative control to the Municipality of Culion over all lands and waters within the municipality’s territorial jurisdiction.
  • Section 6 keeps Department of Health administrative control over parcels of land retained by the Department for its sanitarium.
  • Section 6 requires that the Municipality of Culion be substituted for the Department of Health in all valid contracts, permits, and rights granted by the Department involving lands and water resources within the municipality’s territorial boundaries.
  • Section 6 states substitution is subject to the Department’s land and water use policy.
  • Section 6 provides that all revenues from these contracts and permits shall redound to the Municipality of Culion, insofar as allowed under Republic Act No. 7160 and other pertinent laws, rules, and regulations.

Expenses allocation and funding sources

  • Section 7 mandates that expenses for and incidental to holding the plebiscites required by the Act shall come from appropriations of the Municipality of Culion.
  • Section 7 provides that expenses for land classification and cadastral survey in the Municipality of Culion shall come from appropriations of the Department of Environment and Natural Resources for the year of the effectivity of this Act.

Repeal and effectivity rules

  • Section 8 provides that all laws, decrees, and other issuances or parts thereof contrary to or inconsistent with the Act are modified or repealed accordingly.
  • Section 9 provides that the Act takes effect fifteen (15) days following the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
  • The Act was approved on March 12, 2001.

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