Legal basis and authority invoked
- Executive Order No. 402 is enacted upon the recommendation of the Provincial Board of Zamboanga del Norte.
- Executive Order No. 402 is based on the authority under Section sixty-eight of the Revised Administrative Code, which allows the creation of municipalities through segregation and organization.
Policy and purpose: municipal creation
- Executive Order No. 402 creates the Municipality of Mutia as an independent municipality in the Province of Zamboanga del Norte.
- Executive Order No. 402 segregates named barrios and sitios from the Municipality of New PiAan to form the new municipality.
Segregated areas and organization
- Executive Order No. 402 segregates the barrios and sitios of Salvacion, Tinglan Buenasuerte, Dilac, New Foundland, Pamocloran, Totongan, Tubac, New Casul, and New Siquijor from the municipality of New PiAan.
- Executive Order No. 402 organizes the segregated areas into an independent municipality known as the municipality of Mutia.
- The seat of government of the Municipality of Mutia is at the barrio of Salvacion.
Geographic boundaries and delimitation
- The Municipality of Mutia has defined boundaries set by reference to specific municipal boundary monuments, road and coordinate points, and river/provincial boundary lines.
- The boundary description starts from the municipal boundary monument No. 3 of the municipalities of Dapitan and New PiAan, then proceeds by straight-line segments and named points to reach the intersection of a coordinate reference and the Sisoy River.
- The boundary follows upstream along the Disoy River until it intersects the provincial boundary of Misamis Occidental and Zamboanga del Norte.
- The boundary then proceeds due North along the provincial boundary until it intersects latitude 8A 25', then due West to municipal boundary monument No. 3, the point of beginning.
- The boundary description relies on a resolution and technical map references: Resolution No. 70 dated March 11, 1960 of the Provincial Board of Zamboanga del Norte, based on the sketch plan or map prepared by the Office of the Highway District Engineer of the province.
Mother municipality territorial adjustment
- The Municipality of New PiAan retains its present territory minus the portions included in the newly created Municipality of Mutia, as delimited by the boundary description in Executive Order No. 402.
When Mutia legally comes into existence
- The Municipality of Mutia begins to exist upon the appointment and qualification of the mayor, vice-mayor, and a majority of the councilors.
- Executive Order No. 402 further requires certification by the Secretary of Finance that the Municipality of Mutia is financially capable to:
- implement the Minimum Wage Law; and
- provide for all statutory obligations and ordinary essential services of a regular municipality.
- The Secretary of Finance must also certify that, after segregation of Mutia, the mother municipality of New PiAan can still:
- maintain its municipal government credibly;
- meet all statutory and contractual obligations; and
- provide essential municipal services.
Effect on governance officials
- The transition to full municipal governance occurs when the required local executives and council membership are appointed and qualified: mayor, vice-mayor, and a majority of councilors.
- The establishment of municipal existence is expressly tied to both (1) officer appointment/qualification and (2) the required Secretary of Finance financial certification.