February 14, 2020

HON. MA. ESTER E. HAMOR

City Mayor
Sorsogon City

Dear Mayor Hamor,

This is in reference to the letter of the constituents of Sitio Tiris and Sitio
Gajo of Barangay Osiao, Bacon District Sorsogon City, imploring that they be
constituted as one barangay unit on the basis of the following:
1. Because of the distance of Sitio Tiris particularly Sitio Gajo to the
barangay proper of Osiao, it is quite trying on the part of the constituents
to travel by boat or motorcycle (habal-habal) just to obtain community tax
certificate, barangay clearance and other documents from the barangay
hall.

2. During rainy period, it is not safe to travel by boat and the passage going
to the barangay proper is slippery and tiring particularly on students, job
applicants and workers who are required to obtain documents from the
barangay as a requirement for enrollment and employment.

Foremost, Republic Act 7160, known as the Local Government Code of

1991 provides that the creation of local government units like barangay, needs a law
enacted by the Congress or an ordinance passed by the Sangguniang Panlungsod or
Panlalawigan concerned, viz;
SECTION 6. Authority to create Local Government Units - A
local government unit may be created, divided, merged,
abolished or its boundaries substantially altered either by law
enacted by the Congress in the case of a province, city,
municipality, or by ordinance passed by the sangguniang
panlalawigan or panlungsod concerned in the case of a
barangay located within its territorial jurisdiction subject to
such limitations and requirements prescribed in this code.

Likewise, aside from the passage of a law or an ordinance, the local

government code requires the conduct of a plebiscite after the passage of a law or
ordinance. The affected residents should cast their votes if they are in favor of the
creation of the new barangay, viz;

SECTION 10. Plebiscite Requirement - No creation, division,

merger, abolition or substantial alteration of boundaries of
local government units shall take effect unless approved by a
majority of the votes cast in a plebiscite called for the
purpose in the political unit or units affected. Said plebiscite
shall be conducted by the Commission on Elections
(COMELEC) within 120 days from the date of effectivity of the
law or ordinance affecting such action, unless said law or
ordinance fixes another date.

In the letter of the residents of Sitio Gajo and Sitio Tiris of Barangay Osiao the
requirements provided by the Local Government Code has not been complied with.
 Moreover, the creation shall be based on verifiable indicators of viability and
projected capacity to provide services, to wit:
a. Income – It must be sufficient based on acceptable standards, to provide
for all essential government facilities and services and special functions
commensurate to the size of the population as expected by the LGU;

b. Population – which shall be the total number of inhabitants within the

territorial jurisdiction of the local government unit. Section 386 of the
Local Government Code provides that a barangay may be created
out of a contiguous territory which has a population of at least two
thousand (2,000) inhabitants as certified by the National Statistics
Office except in cities and municipalities within Metro Manila and
other metropolitan political subdivisions or in highly urbanized
cities where such territory shall have a certified population of at least
five thousand (5,000) inhabitants, Provided the creation thereof shall
not reduce the population of the original barangay or barangays to
less than the minimum requirement prescribed herein.

c. Land Area – It must be contiguous, unless it comprises two (2) or more

islands. The territorial jurisdiction of a barangay sought to be created shall
be properly identified by metes and bounds or by more or less permanent
natural boundaries.
This verifiable indicators of viability and projected capacity to provide the basic
services must coincide with the requirements of the Local Government Code on
plebiscite and the ordinance enacted by the concerned Sangguniang Panlungsod.

Sincerely,

ROBERTO T. LABITAG
City Legal Officer

Copy furnished:

 Atty. Mark Gerald Guirindola

City Administrator