Law Summary
Legal Basis and Authority
- The creation is made pursuant to section sixty-eight of the Revised Administrative Code.
- The establishment follows the recommendation of the Provincial Board of Cebu.
Conditions for the Municipality’s Existence
- The municipality of Tabuelan officially begins to exist upon:
- The appointment and qualification of the mayor, vice mayor, and a majority of the councilors.
- Certification by the Secretary of Finance affirming Tabuelan's financial capability to implement the Minimum Wage Law, fulfill all statutory obligations, and provide ordinary essential municipal services.
- Confirmation that the mother municipality of Tuburan retains sufficient financial capacity and stability to maintain its municipal government and statutory and service obligations after the segregation.
Financial and Administrative Requirements
- The Secretary of Finance’s certification ensures that Tabuelan has the necessary fiscal resources to operate as a regular municipality.
- It also guarantees that Tuburan can continue to perform effectively despite losing the segregated barrios.
Formalization and Effectivity
- The Executive Order was signed in Manila on September 23, 1953.
- The creation took place under the administration of President Elpidio Quirino.
- The formal execution was by the President and the Acting Executive Secretary, Marciano Roque.
Important Legal Concepts
- The authority to create municipalities under the Revised Administrative Code.
- The necessity of balance in municipal fiscal and administrative capacity to avoid impairing either the new or original municipality.
- Ensuring compliance with labor laws (Minimum Wage Law) as a prerequisite for municipal viability.
- The procedural requirement of appointment and qualification of local officials as a condition for the municipality's legal existence.