Law Summary
Conduct and Supervision of Plebiscite
- The existence of Barangay Fortune depends on the outcome of a plebiscite to be conducted among the qualified voters of Barangay Parang.
- The plebiscite is to be held within ninety (90) days from the effectivity of the Act.
- The Commission on Elections (COMELEC) is mandated to conduct and supervise this plebiscite in the affected area.
- A majority vote in favor during the plebiscite is required for Barangay Fortune to officially exist.
Appointment and Term of Barangay Officials
- The first officials of Barangay Fortune are to be appointed by the City Mayor of Marikina.
- These officials will serve only until successors are duly elected and qualified.
- The provision ensures immediate governance while allowing for democratic election of officials later.
Public Infrastructure and Facilities
- All existing public infrastructures and facilities within the new barangay at the time of approval are transferred to Barangay Fortune without any cost or compensation.
- Barangay Fortune assumes administration and responsibility for these facilities.
Internal Revenue Allotment (IRA) Shares
- Barangay Fortune is entitled to receive Internal Revenue Allotment shares as stipulated under Section 285 of Republic Act No. 7160 (Local Government Code of 1991).
- This provision ensures the new barangay receives financial resources from the national government proportional to its status.
Appropriations for the Plebiscite
- The City of Marikina is financially responsible for the costs incurred in conducting the plebiscite.
- This includes all expenses related to the organization and execution of the voting process.
Effectivity of the Act
- The Act takes effect immediately upon approval.
- This allows the legal and administrative processes to move forward without delay following legislative approval.
Important Legal Concepts
- Separation and creation of local government units (LGUs) require clearly defined territorial boundaries.
- Plebiscitary approval by affected constituents is mandatory as per the Local Government Code.
- Interim appointments provide continuity in local governance pending popular elections.
- Transfer of public assets to newly created LGUs is done without compensation to ensure uninterrupted public service.
- Financial entitlements through the Internal Revenue Allotment ensure the fiscal viability of new barangays.
- The local government unit bears the cost of plebiscitary exercises required by law.