Republic of the Philippines
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
A. Francisco Gold Condominium 1, DSA
cor. Mapagmahal St., Diliman, Quezon City
LEGAL SERVICE
aug arin wots, 2008,
27 March 2006
GOVERNOR ROSETTE Y. LERIAS
Provincial Capitol Building
Maasin City, Southem Leyte
Dear Governor Lerias:
‘This refers to your letter-request for this Department's opinion on the
following issues, to wit:
1. “Will Barangay Guinsaugon remain as a barangay
with only 500 or less inhabitants? Will they receive
the same Internal Revenue Allotment?
2. Will the relocation of the whole barangay to another
barangay within a municipality retain their status
as a barangay? Will they retain their Internal
Revenue Allotment?
3. What happens to a barangay being relocated to
another municipality? This might happen due to
scarcity of relocation: sites, especially in St.
Bernard.” *
Before addressing the above questions, may we state in gist the
applicable provisions of the Local Government Code (RA 7160) for a better
appreciation of our position, viz:
Section 6 of RA 7160 enumerates the bodies authorized
to create local govemment units, which include inter alia, the
Sangguniang Panlalawigan or Sangguniang Panlungsod in cases
of creation of barangays within its territorial jurisdiction.
Section 7 thereof provides for the verifiable indicators for
creation, i.e. (1) income; (2) population; and (3) land area.
Such indicators shall be attested to by the Department of
Finance, National Statistics Office (NSO) and the Land
Management Bureau, respectively.
With respect, however, to barangays, the only verifiable
indicator for creating a barangay is population. Hence, Section
386 of RA 7160 provides that the minimum population
requirement for creation of barangays is 2,000 inhabitants, as
ore-2-
certified by the NSO, except in cities and municipalities within
Metro Manila and other Metropolitan subdivisions or highly
urbanized cities which requires for the minimum population
requirement at 5,000 inhabitants.
Section 9 of RA 7160, on the other hand, provides for
the instances when a local government unit may be abolished
and that would be when there is a reduction of any, or all of the
following: income, population or land area of subject local
government unit.
It bears stressing, however, that the reduction of all or any of the
verifiable indications, ie., income, land area and population, will not
automatically abolish a local govemment unit. It is settled in our
Jurisprudence that what has been created by law may only be abolished by
law. Hence, the reduction contemplated above will only give rise to a legal
basis or ground in passing a law or ordinance abolishing the local
government unit. In cases of barangays, it Is the passage by the
Sangguniang Panlalawigan or Panlungsod, as the case may be, of an
ordinance abolishing a particular barangay.
We now address your queries.
In reply to the first issue, a certification from the NSO as to the
remaining population of Barangay Guinsaugon has yet to be issued before a
provincial ordinance may be passed abolishing the said barangay.
Hence, without compliance with the above requirements, Barangay
Guinsaugon shall remain in existence, and retain its identity, albeit its IRA
shall be adjusted based on the computation to be made by the Department
of Budget and Management.
Anent the second issue, we need to distinguish. If the relocation of
the whole barangay to another barangay within a municipality is merely
temporary, then Barangay Guinsaugon should be allowed to retain its status
as a barangay. It bears to stress that this is not the first time that said set up
happened. It could be recalled that when Mt. Pinatubo erupted, thereby
causing massive damage to the barangays in Pampanga, Zambales and
some areas in Tarlac, a temporary arrangement was entered into between
the Commission on Audit, the Department of Budget and Management and
this Department whereby, considering the peculiar situation, the affected
barangays, though provided with temporary relocation sites in another area,
were still recognized as barangay and allowed to receive their IRA. This
position, however, will change if the relocation contemplated is permanent.
Hence, if Barangay Guinsaugon is permanently relocated to another
barangay in the same municipality, Barangay Guinsaugon will lose its
territory which may result in the abolition of Barangay Guinsaugon. If the
intention, however, is to retain Barangay Guinsaugon as a barangay, then anordinance should be passed dividing the barangay where Barangay
uinsaugon was relocated, in order to legally provide Barangay Guinsaugon
with a teritory. If such division would result to the reduction of the land
area of the barangay where Barangay Quinsaugon is relocated, the same has
no legal implication since under the Code, the only verifiable indicator for
the barangay is population.
Anent the third issue, your query is answered similarly with the
second issue such that if Barangay Guinsaugon is permanently relocated to
another municipality, then Barangay Guinsaugon will now form part of the
municipality where it is relocated.
We hope we have enlightened you on the matter.
Very truly yours,
G. J. EMETERIO S. MORENO, JR.
Legal:87/La
cc: Director William C. Paler
DILA Regional Office No. 08
Tacloban City