Creation of San Jose Municipality, Surigao del Norte

Creation of San Jose Municipality, Surigao del Norte

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Title Supreme Court: Creation of San Jose Municipality, Surigao del Norte

Law: Republic Act No. 6769

Decision Date: Nov 15, 1989

Republic Act No. 6769 created the Municipality of San Jose in the Province of Surigao del Norte, with specified boundaries and a designated seat of government, subject to a plebiscite and appointment of officials by the President, while transferring obligations, funds, assets, and properties from the Municipality of Dinagat.

municipality creation

Government seat and location

Section 2 establishes that the seat of government of the Municipality of San Jose shall be in Barangay San Jose Proper.

Plebiscite requirement and timing

Section 3 requires ratification by a majority of the votes cast in a plebiscite conducted in the entire Municipality of Dinagat, Surigao del Norte.
Section 3 directs that the plebiscite be held within sixty (60) days from approval of this Act.
Section 3 provides that the plebiscite result of majority ratification triggers the appointment of officials for the new municipality.

Appointment of officials

Section 3 mandates that the President shall appoint the officials of the new municipality after plebiscite ratification.
Section 3 provides that appointed officials hold office until their successors shall have been elected and qualified.

Elections supervision and plebiscite costs

Section 4 provides that the Commission on Elections shall conduct and supervise the plebiscite.
Section 4 provides that plebiscite expenses shall be taken from the Contingent Fund under the current fiscal year appropriations.

Transfer of assets and obligations

Section 5 provides for the transfer of the new Municipality of San Jose’s proportionate share in the obligations, funds, assets, and other properties of the Municipality of Dinagat.
Section 5 requires the transfer to occur upon recommendation of the Commission on Audit.

Applicability of municipal laws

Section 6 provides that all existing laws governing the operation of municipalities are made applicable to the Municipality of San Jose.

Repeal of inconsistent rules

Section 7 repeals or modifies all laws, parts of laws, decrees, executive orders, or regulations inconsistent with Republic Act No. 6769.

Effectivity and publication

Section 8 provides that the Act takes effect upon its publication in at least two national newspapers of general circulation.

Issuance, approval, and passage dates

Republic Act No. 6769 was approved on November 15, 1989.
Republic Act No. 6769 was dated November 15, 1989 and enacted under H. No. 656 / 85 OG No. 1, 13 (Jan. 1, 1990).
The Act originated in the House of Representatives and was finally passed by the House of Representatives on September 25, 1989 and by the Senate on August 28, 1989.

END