RLA BILL NO. 11

 

 

 

Republic of the Philippines Autonomous Region in Muslim Mindanao

REGIONAL ASSEMBLY

Cotabato City

FIFTH LEGISLATIVE ASSEMBLY

(First Regular Session)

 

MUSLIM MINDANAO AUTONOMY ACT NO. 191

 

Begun and held in Cotabato City, on Monday, the twenty-fourth day of October, two thousand five.

AN ACT CREATING THE MUNICIPALITY OF AL-BARKA IN THE PROVINCE OF BASILAN AND FOR OTHER PURPOSES.

Be it enacted by the Regional Legislative Assembly in session assembled: ARTICLE I

GENERAL PROVISIONS

SECTION 1. The Municipality of Al-Barka – The Municipality of Al-Barka is a fifth class municipality, hereinafter referred to as the municipality, which shall comprise the territories of the following barangays: Apil-Apil, Bato-Bato, Bohe-Piang, Bucalao, Cambug, Danapah, Guinanta, Kailih, Kinukutan, Kuhun, Kuhun-Lennuh, Linuan, Macalang, Magcawa, Sangkahan and Lookbisaya.

The territorial jurisdiction of the municipality shall be the existing metes and bounds of the above barangays as established when it was part of the Municipality of Tipo-Tipo. As a separate independent entity, the boundary of the Municipality of Al- Barka shall be as follows:

 

 

Main Island

 

TECHNICAL DESCRIPTION

LINE BEARING DISTANCE

1 – 2 N 23O 04’E 3,051.35 m.

2 – 3 N 72O 32’E 1,472.30 m.

3 – 4 S 64O 51’E 1,993.56 m.

4 – 5 S 40O 05’ E 1,265.05 m.

5 – 6 S 11O 56 ’E 1,604.47 m.

6 – 7 S 01O 15’ W 755.37 m.

7 – 8 S 22O 59’ W 1,368.75 m.

8 – 9 S 06O 28’ W 1,152.13 m.

 

9 – 10

S 32O13 ’W

714.06 m.

10 – 11

S 64O 32’ W

1,395.52 m.

11 – 12

S 75O 38’ W

2,724.78 m.

12 – 13

N 36O 15’ W

1,519.44 m.

13 – 01

N 00O 43’ E

3,951.06 m.

 

Island 1

 

LINE BEARING DISTANCE

1 – 2

N 55O 10’ E

13,005.80 m.

2 – 3

S 00O 04’ E

307.90 m.

3 – 4

N 56O 22’ E

237.83 m.

4 – 5

S 45O 07’ E

212.34 m.

5 – 6

S 22O 22’ W

378.69 m.

6 – 7

N 73O56’ W

995.33 m.

7 – 8

N 33O26’ E

364.14 m.

8 – 9

S 59O11’ E

349.52 m.

9 – 1

N 42O17’ E

373.06 m.

 

Island 2

 

LINE BEARING DISTANCE

1 – 2

N 75O 10’ E

12,950.72 m.

2 – 3

S 32O 49’ E

720.00 m.

3 – 4

S 14O 35’ E

1,559.97 m.

4 – 5

S 75O 38’ W

1,050.71 m.

5 – 6

N 51O 20’ W

480.12 m.

6 – 7

S 84O 20’ E

905.52 m.

7 – 8

N 19O 14’ E

630.19 m.

8 – 1

N 17O 38’ W

1,647.33 m.

 

Island 3

LINE

BEARING

DISTANCE

1 – 2

N 79O 25’ E

8,186.75 m.

2 – 3

S 40O 17’ W

374.51 m.

3 – 4

S 84O 52’ W

1,654.23 m.

4 – 5

N 00O 40’ W

241.00 m.

5 – 6

N 81O 45’ E

1,769.08 m.

6 – 1

S 66O 38’ E

154.44 m.

 

Island 4

LINE BEARING DISTANCE

1 – 2

N 66O 35’E

12,950.72 m.

2 – 3 S 30O 14’E 1,194.57 m.

3 – 4 S 46O 53’E 2,133.92 m.

4 – 5 S 27O 40’ W 290.81 m.

5 – 6 S 83O 38 ’W 467.87 m.

6 – 7 N 71O 35’ W 2,231.24 m.

7 – 8 N 44O 28’ W 510.93 m.

8 – 9 N 43O 37’ E 249.23 m.

9 – 10 S 81O15 ’E 822.25 m.

10 – 11 N 43O 02’ W 718.24 m.

11 – 12 N 20O 07’ E 1,225.08 m.

 

Approximate Land Area = 38.70 Sq.km. or 3,870.00 Hectares

SEC. 2. Commencement of Existence. – The Municipality shall commence to exist upon appointment of its local elective officials in accordance with Sec. 13 of MMA Act No. 25. The amount necessary for the initial operation of the municipality shall be drawn from the Internal Revenue Allotment (IRA) of the mother municipality of Tipo- Tipo, Basilan Province, which shall be determined in accordance with equitable share, until such time that the IRA of the former is determined and segregated by the Department of Budget and Management (DBM);

SEC. 3. Seat of Government. – The seat of government of the municipality shall be in the most strategic and ideal site in any of the above-enumerated barangays, to be determined upon gaining of corporate existence of the municipality.

SEC. 4. Corporate Powers of the Municipality. – The municipality is a political body, which is endowed with the attributes pertaining to such juridical entity. It possesses powers of a municipal corporation in accordance with the provisions of Sec. 19 of MMA Act No. 25. Specifically, the municipality shall have the following corporate powers:

    1. To have a continuous succession in its corporate name;
    2. To sue and be sued;
    3. To have and use a corporate seal;
    4. To acquire and convey real or personal property;
    5. To enter into any contract and/or agreement; and
    6. To exercise such other powers, prerogatives or authority subject to the limitations provided in this Act or other laws.

 

SEC. 5. General Powers. – The municipality shall have a common seal and may alter the same at pleasure. It shall exercise the powers to levy taxes; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interests of the municipality; to expropriate or condemn private property for public use; to contract and be contracted with, to sue and be sued; to prosecute and defend to final judgment and execution suits wherein the municipality is involved or interested in and to exercise all the powers as are granted to corporations or as hereinafter granted.

SEC. 6. General Welfare Clause. – The municipality shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within its territorial jurisdiction, the municipality shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of its inhabitants.

SEC. 7. Jurisdiction of the Municipality. – The jurisdiction of the municipality, for police purposes only, shall be coextensive with its territorial jurisdiction and for the purpose of protecting and ensuring the purity of the water supply of the municipality, such police jurisdiction shall also extend over all the territory within the drainage area of such water supply, or within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the municipal water service.

SEC. 8. Fiscal Capacity of the Municipality – The municipality shall have the power to raise its own revenue by collection of local taxes and other means allowed under Book II of MMA Act No. 25.

ARTICLE II

MUNICIPAL OFFICIALS IN GENERAL

SEC. 9. The Officials of the Municipality – (a) The officials in the municipality shall be those mentioned under Chapter 2, Title Two, Book III of MMA Act No. 25. The powers they exercise will be in accordance with the provisions of Chapter 2, Title Two, Book III of MMA Act No. 25;

    1. The municipality may:
    1. Maintain existing offices not mentioned in subsections (a) hereof;
    2. Create such other offices as may be necessary to carry out the purpose of the municipal government; or

      3.  

    3. Consolidate the functions of any office with those of another in the interest of efficiency and economy.

    1. Unless otherwise provided herein, heads of departments and offices shall be appointed by the municipal mayor with the concurrence of the majority of all the Sangguniang Bayan members, subject to Civil Service laws, rules and regulations. The Sangguniang Bayan shall act on the appointment within fifteen (15) days from the day of its submission, otherwise the same shall be deemed confirmed.

ARTICLE III PROCESS OF LEGISLATION

SEC. 10. The process of enacting legislation in the municipality shall be in accordance with Chapter 3, Title Two, Book I of MMA Act No. 25

SEC. 11. Internal Rules of Procedure. – (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the Sangguniang Bayan shall adopt or update its existing rules of procedure.

 

 

ARTICLE IV

THE APPOINTIVE OFFICIALS OF THE MUNICIPALITY: THEIR QUALIFICATIONS, POWERS AND DUTIES

SEC. 12. The appointive officials of the municipality shall be those stated in Title Five, Book III of MMA Act No. 25. They shall possess the qualifications as mandated under the said provisions and exercise such powers as enunciated thereat.

ARTICLE V TRANSITORY PROVISIONS

SEC. 13. Plebiscite. – The municipality shall acquire corporate existence upon the ratification of its creation by a majority of the votes cast by the qualified voters in a plebiscite to be conducted in the present Municipality of Tuburan within one hundred twenty (120) days from the approval of this Act. The Commission on Elections shall conduct and supervise such plebiscite.

SEC. 14. Interim Officials of the municipality – Immediately after the ratification of this act in a plebiscite, the Regional Governor shall appoint the Municipal Mayor, Vice Mayor, and members of the Sangguniang Bayan of the municipality. They shall hold office and shall exercise their powers and functions until such a time that an election is held and the duly elected officials shall have already qualified and assumed their offices. The appointive officials and employees of the municipality shall be appointed by the Mayor except as otherwise provided by law. The administrative operation and personnel structure will be on the basis of a fifth class Municipal Government Unit.

 

ARTICLE IX PROVINCIAL CONCERNS

SEC. 15. Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Basilan. – The qualified voters of the municipality shall qualify to vote and run for any elective position in the elections for Provincial Governor, Provincial Vice Governor, Sangguniang Panlalawigan Members and other elective offices for the Province of Basilan.

SEC. 16. Jurisdiction of the Province of Basilan. – The municipality shall, unless otherwise provided by law, continue to be under the jurisdiction of Basilan Province.

SEC. 17. Representative District. – Until otherwise provided by law, the municipality shall continue to be a part of the Lone Congressional District of Basilan Province.

ARTICLE IX FINAL PROVISIONS

SEC. 18. Applicability of Laws. – The provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991 and the Organic Act of ARMM as amended, and such laws as are applicable to municipalities shall govern the municipality insofar as they are not inconsistent with the provisions of this Act.

SEC. 19. Separability Clause. – If any part of this Act is declared invalid or unconstitutional, the other parts or provisions not affected by such declaration shall remain valid and effective.

SEC. 20. Reservation. – Nothing herein contained shall preclude the determination by the appropriate agency or forum of boundary disputes or cases involving questions of territorial jurisdiction between the municipality and any of the adjoining local government units even after the effectivity of this Act.

 

 

SEC. 21. Effectivity. – This Act shall take effect upon completion of its publication in at least one (1) newspaper of provincial circulation.

 

 

APPROVED:

 

 

 

(SGD.) HATIMIL E. HASSAN

Speaker

 

 

 

 

 

2005.

 

This Act was passed by the Regional Legislative Assembly on December 20,

 

 

 

(SGD.) DATU MAMA M. AMPATUAN

Secretary-General

 

 

 

APPROVED:

 

 

(SGD.) DATU ZALDY PUTI UY AMPATUAN

Regional Governor Date:

 

Republic of the Philippines

Autonomous Region in Muslim Mindanao

REGIONAL ASSEMBLY

Cotabato City

 

 

 

 

 

 

December 20, 2005

 

 

DATU ZALDY PUTI UY AMPATUAN

Regional Governor

Autonomous Region in Muslim Mindanao Cotabato City

S i r :

Pursuant to Article VI, Section 17 of Republic Act No. 9054, I have the Honor to forward the herewith attached copy of RLA Bill No. 9, which was passed by the Regional Legislative Assembly, Autonomous Region in Muslim Mindanao during its regular session on December 20, 2005, entitled:

AN ACT CREATING THE MUNICIPALITY OF AL-BARKA IN THE PROVINCE OF BASILAN AND FOR OTHER PURPOSES.

for His Honor’s appropriate action.

Thank you.

Sincerely yours,

 

 

 

 

 

DATU MAMA M. AMPATUAN

Secretary-General

Republic of the Philippines

Autonomous Region in Muslim Mindanao

REGIONAL ASSEMBLY

Cotabato City

 

 

 

1st Indorsement

 

 

 

Respectfully forwarded to the Provincial Election Registrar, Province of Basilan, the herein attached official copy of Muslim Mindanao Autonomy Act 191, which was passed by the Regional Legislative Assembly, Autonomous Region in Muslim Mindanao during its regular session held on December 20, 2005, entitled:

AN ACT CREATING THE MUNICIPALITY OF AL-BARKA IN THE PROVINCE OF BASILAN AND FOR OTHER PURPOSES.

For your reference and appropriate action.

 

 

 

 

 

 

DATU MAMA M. AMPATUAN

Secretary General

Republic of the Philippines Autonomous Region in Muslim Mindanao

REGIONAL ASSEMBLY

Cotabato City

 

 

CERTIFICATION

 

 

 

 

 

TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that RLA BILL 11, entitled: "AN ACT CREATING THE MUNICIPALITY OF AL-BARKA IN THE PROVINCE OF

BASILAN AND FOR OTHER PURPOSES", approved by the Regional Legislative Assembly on December 20, 2005 and is now MUSLIM MINDANAO

AUTONOMY ACT NO. 191 (MMAA 191) pursuant to Section 17, Article VI of

Republic Act 9054.

 

Issued this 11th day of January 2006 at Cotabato City, Philippines.

 

 

 

 

 

DATU MAMA M. AMPATUAN

Secretary General