Legal basis for municipal creation
- Executive Order No. 259 is enacted under the authority of Section sixty-eight of the Revised Administrative Code.
- The order directs that specific barrios be segregated from an existing municipality and constituted into an independent municipality.
- The order uses an approval condition tied to financial capacity and the continuation of the mother municipality’s viability under its obligations.
Policy and governance objective
- Executive Order No. 259 establishes an independent local government unit for the specified barrios in Iloilo.
- The order provides that the new municipality will have its own seat of government in the barrio of San Enrique.
- The order is designed to ensure that the new municipality can implement the Minimum Wage Law and fund statutory and essential services.
Covered territory and municipal composition
- Executive Order No. 259 segregates the barrios Abaca, Asisig, Bantayam, Cabugao Nuevo, Cabugao Viejo, Camiri, Catan-agan, Compo, Cubay, Dacal, Dumilis, Garita, Gines Nuevo, Imbang PequeAo, Imbisad-an, Iprog, Lip-ac, Madarag, Mapili, Paga, Palge, Quinolpan, Romagayray, San Antonio, San Enrique, and Tambunac from the Municipality of Passi, province of Iloilo.
- Those barrios are constituted into an independent municipality known as the Municipality of San Enrique.
- The seat of government of the Municipality of San Enrique is established at the barrio of San Enrique.
- The Municipality of Passi retains the same territory minus the area comprised in the Municipality of San Enrique.
When San Enrique begins to exist
- The Municipality of San Enrique begins to exist upon the appointment and qualification of the mayor, vice-mayor, and a majority of the councilors.
- Existence also requires a certification by the Secretary of Finance that the municipality is financially capable.
- The Secretary of Finance’s certification must confirm that the municipality can implement the Minimum Wage Law.
- The Secretary of Finance’s certification must also confirm the municipality can provide all statutory obligations and ordinary essential services of a regular municipality.
Condition affecting the mother municipality
- The Secretary of Finance’s certification must also confirm that, after the segregation, the mother municipality of Passi can still maintain its municipal government.
- The Secretary of Finance’s certification must further confirm that the mother municipality of Passi can meet all statutory and contractual obligations.
- The Secretary of Finance’s certification must confirm that the mother municipality of Passi can still provide essential municipal services after the segregation.