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Republic of the Philippines

REGION XII
Province of Cotabato
Municipality of Tulunan
OFFICE OF THE SANGGUNIANG BAYAN
2/F Municipal Hall, Jose Abad Santos St., Poblacion, Tulunan, Cotabato, PHL 9403
Email: sbtulunan@yahoo.com

EXCERPT FROM THE MINUTES OF THE 40TH REGULAR SESSION DATED


AUGUST 03, 2017, 42ND REGULAR SESSION DATED AUGUST 17, 2017 AND 43 RD
REGULAR SESSION DATED AUGUST 24, 2017 OF THE 17 TH SANGGUNIANG
BAYAN OF TULUNAN, COTABATO HELD AT THE SANGGUNIANG BAYAN
SESSION HALL, TULUNAN, COTABATO AT 9:55 IN THE MORNING.

PRESENT:
Lani S. Candolada -Vice Mayor/Presiding Officer
Joan T. Villamor -SB Member
Alex G. Angulo -SB Member
Claire L. Palma -SB Member
Richard E. Dado -SB Member
Dyanne Kristine A. Sideo -SB Member
Emiliano C. Ortizo, Jr. -SB Member
Fabio P. Lapating, Jr. -SB Member
Nestor T. Ta-asan -SB Member
Joemar C. Almirante -LnB President
Samuel M. Laman -Municipal IP Mandatory Representative

RESOLUTION NO. 455


(s. 2017)

RESOLUTION ENACTING AN ORDINANCE DETERMINING THE


FINAL BOUNDARY AND AREA OF BARANGAY MINAPAN,
TULUNAN, COTABATO.
(Sponsor: The Committee on Housing and Land Utilization)

WHEREAS, Barangay Minapan of this municipality, in its desire to settle the


final boundaries with adjacent Barangays of Sibsib, Bual, Maybula, Kanibong, New
Bunawan and New Culasi, all of Tulunan, Cotabato, has re-defined their boundary lines
by jointly determining the technical descriptions being cited in their Joint Resolutions
No. 01 s. 2017;

WHEREAS, the settlement of barangay boundary disputes is a jurisdictional


responsibility of the Sangguniang Bayan pursuant to Local Government Code of 1991
(Republic Act 7160);

WHEREFORE, acting on the matter, on Joint Sponsorship of the members


present, the Body;

RESOLVED TO ENACT, as it hereby enacts;

MUNICIPAL ORDINANCE NO. 072-2017

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 455 s. 2017 Page 1 of 6


AN ORDINANCE DETERMINING THE FINAL BOUNDARY AND
AREA OF BARANGAY MINAPAN, TULUNAN, COTABATO.
Be it enacted by the Sangguniang Bayan of Tulunan, Cotabato;

SECTION 1. Title This Ordinance shall be known and cited as the The Final
Determination of the Boundary and Area of Barangay Minapan, Tulunan,
Cotabato.

SECTION 2. Importance and Necessity The issuance of this Ordinance is deemed


important and necessary because of the following:

a. Constant misunderstanding and conflict between and among residents


of Minapan and the neighboring Barangays.

b. Confusion among constituents of all Barangays involved, i.e., in


territorial claims, in the payment of land taxes, in determining legal
and social responsibilities, and other public issues and concerns.

SECTION 3. Objectives This ordinance, therefore, aims to:

a. Establish a final definition and delineation of the boundaries and, thus,


the final determination of the total land area of Barangay Minapan,
Tulunan, Cotabato.

b. Provide a final resolution to the persistent distrust and conflicts arising


from confused and unclear land boundaries, and facilitate peaceful co-
existence and active cooperation between Minapan and its neighboring
Barangays.

SECTION 4. Operational Definition of Terms This section provides clarification


and commonality of interpretation to the different terms used in this
Ordinance to avoid misunderstanding and misinterpretation.

a. Barangay Minapan refers to one of the 29 regular barangays of the


Municipality of Tulunan. Within Tulunan, Barangay Minapan has a
boundary to Barangay Sibsib, Barangay Bual, Barangay Maybula,
Barangay Kanibong, Barangay New Bunawan and Barangay New
Culasi.

b. Land Boundary is a technical term used to define the edge of a


certain area. This boundary is defined when a certain political unit
(Barangay, Municipality, City, or the Province) is created.

c. Land Conflict is a conflict between and among local government


units, like the Barangays, because of unclear and confused definition
of the land boundaries. Conflict arises because one Barangay laid
claim over a piece of land claimed also by its neighboring Barangay.
The situation unnecessarily changes (actually increases) the land areas
of both Barangays and, because of this double claims, the total land
area of the Municipality becomes inaccurate if pegged against the total
area of all the Barangays.

SECTION 5. Legal Bases and Justification The bases for issuing this Ordinance are
founded on the following laws and issuances, and authorities:

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 455 s. 2017 Page 2 of 6


a. The Local Government Code (Republic Act 7160): Settlement of
Boundary Disputes: Section 118. Jurisdictional Responsibility for
Settlement of Boundary Dispute. - Boundary disputes between and
among local government units shall, as much as possible, be settled
amicably. To this end: (a) Boundary disputes involving two (2) or
more Barangays in the same City or Municipality shall be referred for
settlement to the Sangguniang Panlungsod or Sangguniang Bayan
concerned.

Section 3, Operative Principles of Decentralization, provides (that)


Municipalities with respect to component Barangays, shall ensure that
the acts of their component units are within the scope of their
prescribed powers and function; local government units may group
themselves, consolidate or coordinate their efforts, services, and
resources commonly beneficial to them (f); there shall be a continuing
mechanism to enhance local autonomy not only by legislative enabling
acts but also by administrative and organizational reforms (h);

Section 5. Rules of Interpretation (c) The provisions in this Code


shall be liberally interpreted to give more powers to local government
units in accelerating economic development and upgrading the quality
of life for the people in the community;

Section 16. General Welfare. - Every local government unit 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 their respective territorial
jurisdictions, local government units shall ensure and support (to)
enhance economic prosperity and social justice, maintain peace and
order...

b. Justifications:

i. The Joint Resolution Number 1, Series of 2017 of Barangay Bual


and Minapan, dated May 16, 2017, entitled, Resolution
Confirming the Existing Boundary Lines between Barangay Bual
and Minapan, both of the Municipality of Tulunan, Cotabato with
the Technical Description Cited Hereunder:

"Identified boundaries and its identified lots, bounded


on the East of Barangay Bual, along Barangay Road from
corner of Km. 129 and Km. 133 are Lot Nos. 526, 514,
502, 490, 478, 466, 454, 442, 430, 2364, 418, 406, 394,
382, 370, 358, 1518, 1530, 1542, 1554, 1566 (part of
Barangay Bual). On the West of Barangay Minapan along
Barangay Road from corner of Km. 129 to Km. 133 are Lot
Nos. 1133, 1125, 1117, 1109, 1101, 1096, 1089, 1083,
1078, 1076, 1072, 1068, 1064, 1060, 1052, 1627, 1637,
2307, 1657 and 1667 (part of Barangay Minapan). "

ii. The Joint Resolution Number 1, Series of 2017 of Barangay


Kanibong and Minapan, dated February 28, 2017, entitled,
Resolution Confirming the Existing Boundary Lines between
Barangay Kanibong and Minapan, both of the Municipality of

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 455 s. 2017 Page 3 of 6


Tulunan, Cotabato with the Technical Description Cited
Hereunder:

"Identified boundary and its identified lots, on the


Eastern portion of Barangay Minapan, along corner of Km.
129 and Barangay Road to Km. 131 are Lot Nos. 1138,
1130, 1122, 1114, 1106, 1095, 1075, 1286, 1282 and 1290
belongs to Barangay Minapan. On the Western portion of
Barangay Kanibong along corner of Km. 129 and Barangay
Road to Km. 131 are Lot Nos. 1139, 1131, 1123, 1115,
1107, 1287, 1285, 1283, 1284 and 1288 belongs to
Barangay Kanibong."

iii. The Joint Resolution Number 1, Series of 2017 of Barangay


Minapan and Maybula, dated March 2, 2017, entitled, Resolution
Confirming the Existing Boundary Lines between Barangay
Minapan and Maybula, both of the Municipality of Tulunan,
Cotabato with the Technical Description Cited Hereunder:

"Identified boundary and its identified lots, bounded on


the East portion of Barangay Minapan along Barangay
Road from corner of Km. 131 to Km. 133 are Lot Nos.
1296, 1297, 1298, 2243, 1305, 1632, 1642, 1641, 1662 and
1672 (part of Barangay Minapan). On the West of
Barangay Maybula along Barangay Road from corner of
Km. 131 to Km. 133 are Lot Nos. 1088, 1089, 1295, 1306,
1307, 1633, 1643, 1653, 1663 and 1673 (part of Barangay
Maybula)."

iv. The Joint Resolution Number 1, Series of 2017 of Barangay


Minapan and New Bunawan, dated March 2, 2017, entitled,
Resolution Confirming the Existing Boundary Lines between
Barangay Minapan and New Bunawan, both of the Municipality of
Tulunan, Cotabato with the Technical Description Cited
Hereunder:

"Identified boundaries and its identified lots, on the


South portion of Barangay Minapan along Km. 133 from
corner of Barangay Road are Lot Nos.1667, 1668, 582,
1669, 1670, 1671 and 1672 (part of Barangay Minapan).
Bounded on the North of Barangay New Bunawan along
Km. 133 from corner of Barangay Road are Lot Nos. 1677,
1787, 1661, 1678, 1679, 1824, 1680, 1631 and 1682 (part
of Barangay Minapan)."

v. The Joint Resolution Number 1, Series of 2017 of Barangay


Minapan and New Culasi, dated March 25, 2017, entitled,
Resolution Confirming the Existing Boundary Lines between
Barangay Minapan and New Culasi, both of the Municipality of
Tulunan, Cotabato with the Technical Description Cited
Hereunder:

"Identified boundaries and its identified lots, on the


Southern portion of Barangay New Culasi along Km. 129
from corner of barangay road are Lot Nos. 1143, 1144,
1145 and 1146 (part of Barangay New Culasi). On the

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 455 s. 2017 Page 4 of 6


Northern portion of Barangay Minapan along Km. 129
from corner of barangay road are Lot Nos. 1135, 1136,
1137 and 1138 (part of Barangay Minapan)."

vi. The Joint Resolution Number 1, Series of 2017 of Barangay Sibsib


and Minapan, dated May 23, 2017, entitled, Resolution
Confirming the Existing Boundary Lines between Barangay Sibsib
and Minapan, both of the Municipality of Tulunan, Cotabato with
the Technical Description Cited Hereunder:

"Identified boundaries and its identified lots, on the


South-East portion of Barangay Sibsib along Km. 129 from
corner of barangay road are Lot Nos. 1141 and 1142 (part
of Barangay Sibsib). On the North-West portion of
Barangay Minapan along Km. 129 from corner of barangay
road are Lot Nos. 133 and 134 (part of Barangay
Minapan)."

SECTION 6. The Final Boundary Based, therefore, on the content of the Joint
Resolutions cited in Section 5 of this Ordinance, the agreement between
Minapan and its neighbor-Barangays of Barangay Sibsib, Barangay Bual,
Barangay Maybula, Barangay Kanibong, Barangay New Bunawan and
Barangay New Culasi re-defined and confirmed with finality the land
boundary of Barangay Minapan described as follows:

Bounded on the North along marked point 1 in Lot No. 1133 to


marked point 2, by Barangay Sibsib and marked point 2 to marked
point 3 in Lot No. 1138, by Barangay New Culasi. On the East
along marked point 3 to marked point 4, by Barangay Kanibong
and marked point 4 to marked point 5 in Lot No. 1672, by
Barangay Maybula. On the South along marked point 5 to marked
point 6 in Lot No. 1667, by Barangay New Bunawan. On the West
along marked point 6 to marked point 1, by Barangay Bual.

SECTION 7. Final Land Area Based, therefore, on the final boundary determination
stated in Section 6, the total land area of Minapan is now estimated to be
1, 223.6378 hectares.

SECTION 8. Final Map Thus, based also on the final boundary defined in Section 6,
the map of Barangay Minapan is finally drawn as attached which is a
substantial part of this Ordinance.

SECTION 9. Final Determination This Ordinance stamps with finality the boundary
of Minapan and no question or doubt should be advanced or cast by any
person, organization, agency, or entity on this finality now and in the
future.

SECTION 10. Appeal Process There should be no appeal process on this final
determination of the boundaries and the area of Barangay Minapan as
there is no person, organization, agency, or entity that is shortchanged
because of this decision and, that all neighboring Barangays have agreed
to the finality of boundary determination through their joint resolutions.

SECTION 11. Repealing Clause All ordinances, rules and regulations or parts thereof
in conflict with this Ordinance are hereby amended and/or repealed.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 455 s. 2017 Page 5 of 6


SECTION 12. Effectivity Clause This Ordinance shall take effect fifteen (15) days
after its approval.

RESOLVED FURTHER, that copy/ies of this Resolution-Ordinance be


furnished the Office of the Sangguniang Panlalawigan, Amas, Kidapawan City and the
Office of the Provincial Environment and Natural Resources, Kidapawan City for
information, consideration, and appropriate action; also, the Office of the Municipal
Mayor, the Office of the Municipal Assessor and the Office of the Punong Barangays of
Minapan, Sibsib, Bual, Maybula, Kanibong, New Bunawan and New Culasi, all of this
municipality, for their information and reference.

APPROVED.

I HEREBY CERTIFY to the correctness of the above-quoted Resolution-


Ordinance.

ROMEO M. NAVARTE
Secretary to the Sangguniang Bayan

ATTESTED AND CERTIFIED


TO BE DULY ENACTED:

LANI S. CANDOLADA
Vice Mayor/ Presiding Officer

APPROVED:

REUEL P. LIMBUNGAN
Municipal Mayor

September 05, 2017


Date

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