Authority and Legal Foundation
- Republic Act No. 10953 effects a barangay division within the City of Davao.
- Section 3 anchors the plebiscite requirement to Section 10 of Republic Act No. 7160, as amended, otherwise known as the “Local Government Code of 1991.”
- Section 3 recognizes a plebiscite previously conducted under a City Ordinance, specifically City Ordinance No. 00161-03 of the Sangguniang Panlungsod of the City of Davao.
Barangay Division and Created Barangays
- Section 1 divides Barangay Pampanga in the City of Davao into three (3) distinct and independent barangays.
- The new barangays created under Section 1 are:
- (1) Barangay Pampanga;
- (2) Barangay Alfonso Angliongto, Sr.; and
- (3) Barangay Vicente Hizon, Sr.
- Section 1 establishes the division as producing distinct and independent barangays within the City of Davao.
Territorial Boundaries by Barangay
Section 2 sets the territorial boundaries of each newly created barangay created in Section 1.
Barangay Pampanga (boundaries under Section 2):
- It is bounded on the Northeast (NE), points 1 to 9, by Barangay Sasa, Case 16.
- It is bounded on the Southeast (SE), points 9 to 11, by Barangay Sasa, Case 16.
- It is bounded on the Southwest (SW), points 12 to 21, by the shoreline of Davao Gulf.
- It is bounded on the Northwest (NW), points 22 to point 1, by Barangay Vicente Hizon, Sr., Case 14.
- The technical description for Barangay Pampanga contains the technical tiepoint sequence and states it has an area of 1, 150, 756 square meters, more or less.
Barangay Alfonso Angliongto, Sr. (boundaries under Section 2):
- It is bounded on the Southeast (SE), points 1 to 3, by Barangay R. Castillo, Case 11.
- It is bounded on the Southeast (SE), points 3 to 4, by Barangay R. Castillo vs. Barangay San Antonio, Case 36.
- It is bounded on the South (S), points 4 to 6, by Barangay San Antonio, Case 7.
- It is bounded on the Southwest (SW), points 6 to 7, by Barangay W. Aquino, Case 6.
- It is bounded on the West (W), points 7 to 16, by Barangay Buhangin, Case 12.
- It is bounded on the Northwest (NW), points 16 to 23, by Barangay Cabantian, Case 19.
- It is bounded on the North (N), points 23 to 25, by Barangay Communal, Case 18.
- It is bounded on the Northeast (NE), points 25 to 34, by Barangay Sasa, Case 16.
- It is bounded on the East (E), points 34 to 1, by Barangay Vicente Hizon, Sr., Case 14.
- The technical description for Barangay Alfonso Angliongto, Sr. includes the technical tiepoint sequence and states it has an area governed by BLLM No. 1, Pb-11-000013-B, District 2, Davao City.
Barangay Vicente Hizon, Sr. (boundaries under Section 2):
- It is bounded on the Northeast (NE) and Southeast (SE), points 1-11, by Barangay Pampanga, Case 15.
- It is bounded on the Southwest (SW), points 12-13, by shoreline 44A Davao Gulf.
- It is bounded on the South (S), points 13-17, by all of Barangay Lapu-Lapu, Case 10.
- It is bounded on the Southwest (SW), point 18, by Barangay Castillo, Case 11.
- It is bounded on the West (W), points 19-21, by Barangay Angliongto, Case 13.
- It is bounded on the Northwest (NW), points 22-29, by Barangay Sasa, Case 16.
- The technical description for Barangay Vicente Hizon, Sr. contains the technical tiepoint sequence and states it has an area of 2, 079, 904 square meters, more or less.
Plebiscite Requirement and Substantial Compliance
- Section 3 provides that the plebiscite conducted and supervised by the Commission on Elections (COMELEC) in Barangay Pampanga on July 25, 2004 shall serve as substantial compliance with the plebiscite requirement under Section 10 of Republic Act No. 7160, as amended.
- Section 3 ties the plebiscite to City Ordinance No. 00161-03 of the Sangguniang Panlungsod of the City of Davao, which ratified the creation of:
- Barangay Alfonso Aliongto, Sr., and
- Barangay Vicente Hizon, Sr.
- Section 3 specifies that the plebiscite serves as substantial compliance in the context of the statutory plebiscite requirement under the Local Government Code of 1991.
Continuation of Barangay Officials
- Section 4 provides that the incumbent barangay officials of barangays Pampanga, Alfonso Angliongto, Sr., and Vicente Hizon, Sr. (City of Davao) shall continue to hold office.
- Section 4 fixes the term continuation until their successors have been duly elected and qualified.
Transfer of Public Infrastructure and Facilities
- Section 5 provides that all public infrastructure and facilities for public use existing within the affected barangay at the time of the approval of Republic Act No. 10953 are transferred without cost or compensation.
- Section 5 provides that the transferred infrastructure and facilities are administered by the new barangays.
Internal Revenue Allotment (IRA) Shares
- Section 6 grants each of the barangays—Pampanga, Alfonso Angliongto, Sr., and Vicente Hizon, Sr.—entitlement to Internal Revenue Allotment (IRA) shares.
- Section 6 anchors IRA entitlement on Section 285 of Republic Act No. 7160, as amended, otherwise known as the Local Government Code of 1991.
Separability and Survivability
- Section 7 provides a separability clause: if any part or provision of Republic Act No. 10953 is declared unconstitutional or invalid, other parts or provisions not affected continue in full force and effect.