COMMITTEE ON LOCAL GOVERNMENT

Interpellation Briefer

I. What are the requisites for creation of barangays?

The requisites are:

1. Population requirement of 2,000; or 5,000 (if in Metro Manila or highly urbanized
cities);
2. Territorial contiguity;
3. Plebiscite

II. What are the applicable provisions under the Constitution and the Local
Government Code?

Section 10, Article X, 1987 Constitution:

SECTION 10. No province, city, municipality, or barangay may be created, divided,

merged, abolished, or its boundary substantially altered, except in accordance with
the criteria established in the Local Government Code and subject to approval by a
majority of the votes cast in a plebiscite in the political units directly affected.

Section 8 of Republic Act No. 7160, otherwise known as the “Local Government
Code” (LGC)

SECTION 8. Division and Merger. — Division and merger of existing local

government units shall comply with the same requirements herein prescribed for
their creation: Provided, however, That such division shall not reduce the income,
population, or land area of the local government unit or units concerned to less than
the minimum requirements prescribed in this Code: Provided, further, That the
income classification of the original local government unit or units shall not fall below
its current income classification prior to such division.

The income classification of local government units shall be updated within six (6)
months from the effectivity of this Code to reflect the changes in their financial
position resulting from the increased revenues as provided herein.

Section 385 and 386 of the LGC:

Section 385. Manner of Creation. - A barangay may be created, divided, merged,

abolished, or its boundary substantially altered, by law or by an ordinance of the
sangguniang panlalawigan or panlungsod, subject to approval by a majority of the
votes cast in a plebiscite to be conducted by the COMELEC in the local

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 government unit or units directly affected within such period of time as may be
determined by the law or ordinance creating said barangay. In the case of the
creation of barangays by the sangguniang panlalawigan, the recommendation of the
sangguniang bayan concerned shall be necessary.

Section 386. Requisites for Creation. - (a) A Barangay maybe 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, That the creation thereof shall not
reduce the population of the original Barangay or Barangays to less than the
minimum requirement prescribed herein.

To enhance the delivery of basic services in the indigenous cultural communities,

Barangays may be created in such communities by an Act of Congress,
notwithstanding the above requirement.

(b) The territorial jurisdiction of the new Barangay shall be properly identified by
metes and bounds or by more or less permanent natural boundaries. The territory
need not be contiguous if it comprises two (2) or more islands.

(c) The governor or city mayor may prepare a consolidation plan for Barangays,
based on the criteria prescribed in this Section, within his territorial jurisdiction. The
plan shall be submitted to the Sangguniang Panlalawigan or Sangguniang
Panlungsod concerned for appropriate action.

In the case of municipalities within the Metropolitan Manila area and other
metropolitan political subdivisions, the Barangay consolidation plan shall be
prepared and approved by the Sangguniang Bayan concerned/

III. What is the difference between barangays created by Congress v. Sanggunian?

Pursuant to Section 285 of the Local Government Code, local government

units are given a share in the national wealth in the form of national tax allotments.

SECTION 285. Allocation to Local Government Units. — The share of local government
units in the internal revenue allotment shall be allocated in the following manner:
(a) Provinces — Twenty-three percent (23%);
(b) Cities — Twenty-three percent (23%);
(c) Municipalities — Thirty-four percent (34%); and
(d) Barangays — Twenty percent (20%)

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 Provided, however, That the share of each province, city, and municipality shall be
determined on the basis of the following formula:
(a) Population — Fifty percent (50%);
(b) Land Area — Twenty-five percent (25%); and
(c) Equal sharing — Twenty-five percent (25%)

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However, the last paragraph of Section 285 provides that barangays created
by LGUs shall be financially supported by the LGU that created them, thus:

Provided, finally, That the financial requirements of barangays created by local

government units after the effectivity of this Code shall be the responsibility of
the local government unit concerned.

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 1. House Bill No. 7775 – AN CREATING BARANGAYS ACMAC, DITUCALAN, SAN
ROQUE, LUINAB, UPPER HINAPLANON, AND UBALDO LAYA, ALL IN THE
CITY OF ILIGAN (Introduced by Rep. Frederick W. Siao)

Purpose of the Bill

 Iligan City has 44 barangays, 6 of which were created through Ordinances. These 6
barangays are solely dependent on the subsidy given by Iligan City and do not
receive any support from the national government.
 Of these 6 barangays, 4 areas have high concentration of Internally Displaced
Persons (IDPs) from Marawi City who were victims of the Marawi Siege. The IDPs
were relocated and chose to relocate in Luinab, Hinaplanon, Ditucalan, and Ubaldo
Laya. There are many Iligan-Maranaos residing in these areas.
 Furthermore, this measure seeks to promote the welfare of the barangays by
ensuring that they enjoy genuine and meaningful local autonomy and attain full
development, including an automated release of their share in national taxes; transfer
of funds to the barangay for the maintenance of roads and bridges; mandatory share
of barangay in taxes, fees and other charges in order to meet the requirements of
their local populace and alleviate the economic and social plight of the IDPs
currently residing in the area.1

Salient points:

● There shall be created six (6) barangays in the City of lligan to be known as (1)
Barangay Acmac; (2) Barangay Ditucalan; (3) Barangay San Roque; (4) Barangay
Luinab; (5) Barangay Upper Hinaplanon; and (6) Barangay Ubaldo Laya.
● The following plebiscites supervised by the Commission on Elections and their
corresponding Iligan City Ordinance shall serve as substantial compliance for the
plebiscite requirement under Section 10 of the LGC, thus:
○ lligan City Ordinance No. 1821 dated 18 November 1988 for the creation of
Barangay Ditucalan;
○ lligan City Ordinance No. 1934 dated 5 February 1991 for the creation of
Barangay Luinab;
○ lligan City Ordinance No. 1945 dated 20 March 1991 for the creation of
Barangay Upper Hinaplanon;
○ lligan City Ordinance No. 1931 dated 22 July 1991 for the creation of
Barangay Acmac;
○ lligan City Ordinance No. 1932 dated 22 July 1991 for the creation of
Barangay San Roque;

1
Explanatory Note of House Bill No. 3964, 3965, 3966, 3967, 3968, and 3969, which were all
substituted by HBN 7775.

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 ○ lligan City Ordinance No. 1946 dated 22 July 1991 for the creation of
Barangay Ubaldo Laya.

Map of Iligan City and its 6 subject Barangays:

Population and Land area of the 6 Barangays

Barangay 2020 PSA Census % to Iligan City’s Land Area (km2)

total Population

1. Acmac 6,856 1.89 1.042

2. Ditucalan 4,0392 1.11 5.102

3. San Roque 5,292 1.46 1.821

4. Luinab 11,108 3.06 2.698

5. Upper 6,551 1.80 1.489

Hinaplanon

6. Ubaldo Laya 13,626 3.75 2.991

2
This was removed in the filed Committee Report because it did not reach the required population
count for barangays in a highly urbanized city.

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 2. House Bill No. 9814 - AN ACT SEPARATING THE SITIO OF BATUCAN FROM
BARANGAY DEL MONTE IN THE MUNICIPALITY OF TALACOGON,
PROVINCE OF AGUSAN DEL SUR, AND CONSTITUTING IT INTO A DISTINCT
AND INDEPENDENT BARANGAY TO BE KNOWN AS BARANGAY BATUCAN
(Introduced by Rep. Alfel M. Bascug);

Purpose of the Bill

 Since barangay Batucan was only created by virtue of Provincial Ordinance No. 10,
Series of 1996 issued by the Sangguniang Panlalawigan, it has been excluded from
receiving any share in the national tax allotment (NTA). Thus, the financial
requirement for the operation of the barangay depends only on the financial aid from
the municipality of Talacogon and the province of Agusan del Sur.
 This exclusion, however, limits the barangay’s capability to implement their own
grassroots development programs and impedes the delivery of the necessary projects
and services.
 Hence, the creation of Barangay Batucan, by virtue of a congressional act, as a
distinct and independent barangay will aid it in sustaining the demands of its
constituency.3

Salient points

● The Sitio of Batucan is separated from Barangay Del Monte in the Municipality of
Talacogon, Agusan del Sur and constituted as an independent barangay, to be
known as Brgy. Batucan. (Sec. 1)
● The plebiscite conducted and supervised by the Commission on Elections
(COMELEC) shall serve as substantial compliance with the plebiscite requirement
under Section 10 of the Local Government Code of 1991, as amended. (Sec. 3)

3
Explanatory Note of House Bill No. 6270, which was substituted by HBN 9814.

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Map of barangay Batucan

Batucan is a barangay in the municipality of Talacogon, in the province of Agusan del Sur.
Its population as determined by the 2020 Census was 2,160. This represented 5.44% of the
total population of Talacogon.

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 3. House Bill No. 9816 - AN ACT SEPARATING THE SITIO OF CROSSING FROM
BARANGAY POBLACION IN THE MUNICIPALITY OF KITCHARAO, PROVINCE OF
AGUSAN DEL NORTE, AND CONSTITUTING IT INTO A DISTINCT AND
INDEPENDENT BARANGAY TO BE KNOWN AS BARANGAY CROSSING (Introduced
by Rep. Ma. Angelica M. Amante-Matba)

Purpose of the Bill

 In 2004, Provincial Ordinance No. 155-2004 was adopted and approved by the
Sangguniang Panlalawigan of Agusan del Norte creating and dividing Barangay
Poblacion, in the Municipality of Kitcharao, into three separate and distinct
barangays, namely (1) Barangay Poblacion (mother barangay); (2) Barangay
Songkoy; and (3) Barangay Crossing.
 Barangay Crossing does not receive a regular share in the national wealth unlike
other local government units created by virtue of congressional fiat. It is solely
operating on subsidies and assistance from its municipality and the provincial
government of Agusan del Norte. Barangay Crossing must be fiscally equipped to be
able to address the needs of its increasing population and to move forward in the
improvement of the lives of its constituents.4

Salient points

● The sitio of Crossing is separated from Barangay Poblacion in the Municipality of

Kitcharao, Province of Agusan del Norte and constituted as a distinct and
independent barangay to be known as Barangay Crossing.
● The plebiscite conducted and supervised by the Commission on Elections
(COMELEC), pursuant to Provincial Ordinance No. 155-2004 of the Sangguniang
Panlalawigan of the Province of Agusan del Norte ratified the creation of Barangay
Crossing as proclaimed by the Plebiscite Board of Canvassers on 16 October 2004

4
Explanatory Note of House Bill No. 5504, which was substituted by HBN 9816.

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Background of Sitio Crossing, Municipality Kitcharao

Crossing is one of the eleven (11) Barangays in the Municipality of Kitcharao, in the Province
of Agusan del Norte. Its population as determined by the 2020 Census was 3,362. This
represented 15.80% of the total population of Kitcharao.

Barangay Crossing has a land area of 603.97 hectares.

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 4. House Bill No. 9817 - AN ACT SEPARATING THE SITIO OF PANGAYLAN-IP
FROM BARANGAY POBLACION I IN THE MUNICIPALITY OF SANTIAGO,
PROVINCE OF AGUSAN DEL NORTE, AND CONSTITUTING IT INTO A DISTINCT
AND INDEPENDENT BARANGAY TO BE KNOWN AS BARANGAY PANGAYLAN-
IP (Introduced by Rep. Ma. Angelica M. Amante-Matba)

Purpose of the Bill

 On 22 March 2010, Provincial Ordinance No. 266-2010 was issued creating Barangay
Pangaylan-IP. Since it was created through a local ordinance, its financial
requirements were borne by Municipality of Santiago. This limits the self-
sustainability and self-determination of the barangay, along with its delivery of more
efficient services to its constituents, which include the Manobo and Manawa
indigenous communities.
 This bill seeks to establish Barangay Pangaylan-IP in the Municipality of Santiago,
Agusan del Norte, through a congressional act, enabling it to access a fair share in
the national taxes in order to address the challenges and needs of its growing
constituency and to bolster its capability as a basic political government unit. 5

Salient Points

● The sitio of Pangaylan-Ip is separated from Barangay Poblacion I in the Municipality

of Santiago, Province of Agusan del Norte and constituted as a distinct and
independent barangay to be known as Barangay Pangaylan-IP.
● The plebiscite conducted and supervised by the Commission on Elections
(COMELEC) pursuant to Provincial Ordinance No. 266-2010 of the Sangguniang
Panlalawigan of the Province of Agusan del Norte ratified the creation of Barangay
Pangaylan-IP as proclaimed by the Plebiscite Board of Canvassers on 5 March 2011.

Background on Municipality of Santiago

5
Explanatory Note of House Bill No. 5593, which was substituted by HBN 9817.

10
Pangaylan-IP is a barangay in the municipality of Santiago, in the province of Agusan del
Norte. Its population as determined by the 2020 Census was 2,079. This represented 7.25% of
the total population of Santiago.

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 5. House Bill No. 9818 - AN ACT SEPARATING THE SITIO OF SONGKOY FROM
BARANGAY POBLACION IN THE MUNICIPALITY OF KITCHARAO, PROVINCE OF
AGUSAN DEL NORTE, AND CONSTITUTING IT INTO A DISTINCT AND
INDEPENDENT BARANGAY TO BE KNOWN AS BARANGAY SONGKOY (Introduced
by Rep. Ma. Angelica M. Amante-Matba)

Purpose of the Bill

 In 2004, Provincial Ordinance No. 155-2004 was adopted and approved by the
Sangguniang Panlalawigan of Agusan del Norte creating and dividing Barangay
Poblacion, in the Municipality of Kitcharao, into three separate and distinct
barangays, namely (1) Barangay Poblacion (mother barangay); (2) Barangay
Songkoy; and (3) Barangay Crossing.
 The barangay does not receive a regular share in the national wealth unlike other
local government units created by virtue of congressional fiat.6

Salient points

● The sitio of Songkoy is separated from Barangay Poblacion in the Municipality of

Kitcharao, Province of Agusan del Norte and constituted as a distinct and
independent barangay to be known as Barangay Songkoy.
● The plebiscite conducted and supervised by the COMELEC pursuant to Provincial
Ordinance No. 155-2004 of the Sangguniang Panlalawigan of the Province of Agusan
del Norte ratified the creation of Barangay Songkoy as proclaimed by the Plebiscite
Board of Canvassers on 16 October 2004.

Background on Sitio Songkoy, Municipality of Kitcharao

6
Explanatory Note of House Bill No. 5502, which was substituted by HBN 9818.

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Songkoy is one of the eleven (11) Barangays in the Municipality of Kitcharao, in the Province
of Agusan del Norte. Its population as determined by the 2020 Census was 2,439. This
represented 11.46% of the total population of Kitcharao.

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 6. House Bill No. 9819 - AN ACT SEPARATING THE SITIO OF TAGUKON FROM
BARANGAY CAMINGAWAN IN THE CITY OF KABANKALAN, PROVINCE OF
NEGROS OCCIDENTAL, AND CONSTITUTING IT INTO A DISTINCT AND
INDEPENDENT BARANGAY TO BE KNOWN AS BARANGAY TAGUKON
(Introduced by Rep. Genaro M. Alvarez, Jr.);

Purpose of the Bill

 This measure seeks to entitle Barangay Tagukon to its just share in the national
wealth.
 Formerly a part of Barangay Camingawan, Barangay Tagukon was created by virtue
of Provincial Ordinance No. 93-002 of the Sangguniang Panlalawigan of Negros
Occidental. It was approved by a majority of the votes cast in a plebiscite and
proclaimed as a separate, distinct, and independent barangay.
 However, since Barangay Tagukon was created through a local ordinance, the
financial requirements of the barangay were shouldered by the city government of
Kabankalan.7

Salient points

● The sitio of Tagukon is separated from Barangay Camingawan in the City of

Kabankalan, Province of Negros Occidental and constituted as a distinct and
independent barangay to be known as Barangay Tagukon.
● The plebiscite conducted and supervised by the Commission on Elections
(COMELEC) pursuant to Provincial Ordinance No. 93-002, Series of 1993 of the
Sangguniang Panlalawigan ofthe Province of Negros Occidental ratified the creation
of Barangay Tagukon as proclaimed by the Plebiscite Board of Canvassers

7
Explanatory Note of House Bill 810, which was substituted by HBN 9819,

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Map of Sitio Tagukon

Tagukon is a barangay in the city of Kabankalan, in the province of Negros Occidental. Its
population as determined by the 2020 Census was 4,601. This represented 2.30% of the total
population of Kabankalan.

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 7. House Bill No. 9820 - AN ACT SEPARATING THE SITIO OF TULALIAN FROM
BARANGAY BALAGUNAN IN THE MUNICIPALITY OF STO. TOMAS,
PROVINCE OF DAVAO DEL NORTE, AND CONSTITUTING IT INTO A
DISTINCT AND INDEPENDENT BARANGAY TO BE KNOWN AS BARANGAY
TULALIAN ((Introduced by Rep. Dujali, Gonzales and Lusotan);

Senate Bill No. 2309 - AN ACT CREATING A BARANGAY TO BE KNOWN AS

BARANGAY TULALIAN IN THE MUNICIPALITY OF STO. TOMAS, PROVINCE
OF DAVAO DEL NORTE (Introduced by. Sen. Imee R. Marcos)

Purpose of the Bill

 This Bill seeks to create Barangay Tulalian by congressional fiat and entitle it to its
just and rightful share in the national wealth.8

Salient points

● The sitio of Tulalian is separated from Barangay Balagunan in the Municipality of

Sto. Tomas, Province of Davao del Norte and constituted as a distinct and
independent barangay to be known as Barangay Tulalian.
● The plebiscite conducted and supervised by the Commission on Elections
(COMELEC) pursuant to Provincial Ordinance No. 007-94, Series of 1994 of the
Sangguniang Panlalawigan of the Province of Davao del Norte ratified the creation
of Barangay Tulalian as proclaimed by the Plebiscite Board of Canvassers on 23
October 1994.

8
Explanatory Note of HBN 7065, which was substituted by HBN 9820.

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Background on Sitio Tulalian

Tulalian is a barangay in the municipality of Santo Tomas, in the province of Davao del
Norte. Its population as determined by the 2020 Census was 4,606. This represented 3.58% of
the total population of Santo Tomas.

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 8. House Bill No. 10060 - AN ACT CREATING A NEW BARANGAY IN THE
MUNICIPALITY OF M’LANG, PROVINCE OF COTABATO, TO BE KNOWN AS
BARANGAY POBLACION B (Introduced by Rep. Jose I. Tejada);

Purpose of the Bill

 An entitlement to the IRA is an indispensable element and a constitutionally and

lawfully ingrained component of the resources of any local government unit. In case
of a barangay, said entitlement becomes even more crucial as these most basic
political subdivisions deliver the nation's frontline response to the needs of the
Filipino citizenry. The funding allocation of the barangays created by the
Sanggunians is grossly incomparable to that of other barangays created by law,
thereby creating a disparate classification between these two classes of barangays.
Hence, this bill seeks to remedy this inequality in funding and resources.
 Having complied with the requisites prescribed under Section 386 of the Local
Government Code and the plebiscite requirement contained in Section 10, Article X
of the Constitution, Barangay Poblacion B was created by the Provincial Government
of Cotabato, acting through Sangguniang Panlalawigan Ordinance No. 41 approved
on 25 April 1994. Its corporate existence began in February 1996, when its regular
officials were elected. 9

Salient points

● Barangay Poblacion B is hereby created in the Municipality of M'lang, Province of

Cotabato.
● The plebiscite conducted and supervised by the Commission on Elections
(COMELEC) in Barangay Bagong Poblacion pursuant to Ordinance No. 41, Series of
1994 of the Sangguniang Panlalawigan of the Province of Cotabato ratified the
creation of Barangay Poblacion B as proclaimed by the Municipal Board of
Canvassers in November 1995.

Map of Barangay Poblacion B

9
Explanatory Note of HBN 3122, which was substituted by HBN 10060.

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Poblacion B is a barangay in the municipality of M'lang, in the province of Cotabato. Its
population as determined by the 2020 Census was 4,128. This represented 4.20% of the total
population of M'lang.

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 9. House Bill No. 10256 - AN ACT CREATING A BARANGAY IN THE
MUNICIPALITY OF SAN LUIS, PROVINCE OF AGUSAN DEL SUR, TO BE
KNOWN AS BARANGAY DOÑA MAXIMA (Introduced by Rep. Alfel M. Bascug);

Purpose of the Bill

 This Bill seeks to entitle Barangay Doña Maxima to its just share in the national
wealth.
 By virtue of Sangguniang Panlalawigan Provincial Ordinance No. 07, series of 1991,
as amended, duly ratified through a plebiscite conducted by the COMELEC on 19
December 1998, Barangay Dona Maxima was separated from Barangay Poblacion
and created as a regular barangay unit of the Municipality of San Luis, Province of
Agusan del Sur. Since the creation of the barangay was through a local ordinance, it
has been excluded from receiving any share in the national wealth.
 Thus, the financial requirement for the operation of the barangay depends only on
the financial aid from the municipality of San Luis and the province of Agusan del
Sur. This exclusion further limits the barangay’s self-determination and the
implementation of grassroots development programs.10

Salient points

● Barangay Doña Maxima is hereby created in the Municipality of San Luis, Province
of Agusan del Sur.
● The plebiscite conducted and supervised by the Commission on Elections
(COMELEC) ratified the creation of Barangay Doña Maxima as proclaimed by the
Plebiscite Board of Canvassers on 19 December 1998.

10
Explanatory Note of HBN 6271, which was substituted by HBN 10256.

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Map of Barangay Doña Maxima

Doña Maxima is a barangay in the municipality of San Luis, in the province of Agusan del
Sur. Its population as determined by the 2020 Census was 1,406. On the other hand,
Barangay Poblacion in the municipality of San Luisa has a population of 1,755 based on
the 2020 Census.

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 10. House Bill No. 10295 - AN ACT SEPARATING THE SITIOS OF NAIBUAN,
LAGNAS, IBANAG, HOBKOB, ABONG, MALUMAK, KIANAY, LIBERTAD,
LOWALIW, ILYA, YABAT, SALIDANG, UPPER KAYWAN, DAYAGA, AND
TIMBANGAN FROM BARANGAY BATASAN IN THE MUNICIPALITY OF SAN
JOSE, PROVINCE OF OCCIDENTAL MINDORO TO CONSTITUTE A DISTINCT
AND INDEPENDENT BARANGAY TO BE KNOWN AS BARANGAY NAIBUAN.
(Introduced by Rep. Ramirez-Sato);

Purpose of the Bill

 This Bill seeks to entitle Barangay Naibuan to a just share in the national wealth.
 Barangay Naibuan was formally created under Provincial Ordinance No. 33, Series
of 2009 of the Sangguniang Panlalawigan of Occidental Mindoro. Its corporate
existence came about on 5 January 2018 after a unanimous approval of its electors in
a plebiscite conducted by the COMELEC. It has yet to receive its regular share in the
national wealth unlike other barangays created by law. The Municipal Government
of San Jose assisted Barangay Naibuan with its initial expenses as well as providing
assistance for the new barangay’s operational expenses. Clearly, the financial
assistance received by the barangay from the Municipal Government does not suffice
to finance its regular expenses, most important of which is the delivery of basic
services.11

Salient points

● The sitios of Naibuan, Lagnas, Ibanag, Hobkob, Abong, Malumak, Kianay, Libertad,
Lowaliw, Ilya, Yabat, Salidang, Upper Kaywan, Dayaga, and Timbangan are hereby
separated from Barangay Batasan to constitute a distinct and independent barangay
in the Municipality of San Jose, Province of Occidental Mindoro to be known as
Barangay Naibuan.
● The plebiscite conducted and supervised by the Commission on Elections pursuant
to Provincial Ordinance No. 33, Series of 2009 of the Sangguniang Panlalawigan of
the Province of Occidental Mindoro ratified the creation of Barangay Naibuan as
proclaimed by the Plebiscite Board of Canvassers on 5 January 2018.

11
Explanatory Note of House Bill No. 4936, which was substituted by HBN 10295.

22
Map of Barangay Naibuan

Naibuan, formerly Batasan, is a barangay in the municipality of San Jose, in the province of
Occidental Mindoro. Its population as determined by the 2020 Census was 3,420. This
represented 2.23% of the total population of San Jose.

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