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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

To the Presiding Officer:

(DRAFT) RESOLUTION NO. ___


(s. 2017)

RESOLUTION ENACTING AN ORDINANCE DETERMINING THE


FINAL BOUNDARY AND AREA OF BARANGAY BAGUMBAYAN,
TULUNAN, COTABATO.

(Sponsor: The Committee on Housing and Land Utilization)

WHEREAS, Barangay Bagumbayan of this municipality, in desire to settle the


final boundaries with adjacent barangays of Tambac, Dungos and La Esperanza, 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
(RA 7160);

WHEREFORE, be it;

RESOLVED TO ENACT, as it hereby enacts;

(DRAFT) MUNICIPAL ORDINANCE NO. ___

AN ORDINANCE DETERMINING THE FINAL BOUNDARY AND


AREA OF BARANGAY BAGUMBAYAN, 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 Bagumbayan, 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


Bagumbayan 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.

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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 Bagumbayan, 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 Bagumbayan 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 Bagumbayan – refers to one of the 29 regular Barangays of the


Municipality of Tulunan, situated to the north, and having a boundary to the next
Municipality of M’lang; within Tulunan, Barangay Bagumbayan has a boundary
to Barangay Tambac, Barangay Dungos, and Barangay La Esperanza.
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 lay 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:

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

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… (to) enhance economic prosperity and social justice, maintain peace and order
...

Justifications:

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


Tambac, dated February 21, 2017, entitled, “Resolution Re-defining the
Boundary Lines between Barangay Tambac and Bagumbayan, both of the
Municipality of Tulunan, Cotabato with the Technical Description Cited
Hereunder:

“Identified boundaries and its identified lots, in Barangay Bagumbayan,


bounded in the South along Km. 125 from corner of Barangay Bagumbayan
Road are Lot Nos. 718, 717, 716, 715, 714, 713, 712, 711, 710, 709, 708, and
695. In the South-East portion along Old National Highway and Km. 126 are
Lot Nos. 142, 130, 118, 106, 107, 108, and 109. In Barangay Tambac
bounded in the North along Km. 125 from corner of Barangay Tambac Road
are Lot Nos. 705, 704, 703, 702, 701, 700, 699, 698, 697, 696, and 983. In the
North-East along Old National Highway and Km. 126 are Lot Nos. 683, 408,
659, 647, 635, 94, 95, 96, and 97.”

ii. The Joint Resolution Number 1, Series of 2017 of Barangay Bagumbayan and
Barangay La Esperanza, dated February 21, 2017, entitled, “Resolution
Confirming the Existing Boundary Lines between Barangay Bagumbayan and
La Esperanza, both of the Municipality of Tulunan, Cotabato with the
Technical Description Cited Hereunder:

“Identified boundary and its identified lots, on the Eastern part of


Bagumbayan, along Barangay Road from Malasila River going South to Km.
126 are Lot Nos. 205, 193, 181, 169, 157, 145, 133, 121, and 109. On the
Western part of Barangay La Esperanza, along Barangay Road from Malasila
River going South are Lot Nos. 387, 194, 182, 4028, 158, 146, 134, 122, and
110.”

iii. The Joint Resolution Number 1, Series of 2017 of Barangay Bagumbayan and
Barangay Dungos, dated May 25, 2015, entitled, “Resolution Delineating the
Territorial Jurisdiction as Barangay Bagumbayan and Dungos, both of the
Municipality of Tulunan, defining the boundary Lines with the Specified
Technical Description cited Hereunder.”

“Identified as its boundaries in the Northeast portion of Dungos are Lot


Nos. 417, 437, 452, and 476; horizontally traversed by diversion canal with
Lot Nos. 453, 454, 455, 456, and 457 (now part of Bagumbayan) on its North
and Lot Nos. 433, 434, 435, 436, and 437 (now part of Dungos) on its South;
and in the Western portion of Bagumbayan are Lot Nos. 418, 438, 453, and
477”

SECTION 6. The Final Boundary – Based, therefore, on the content of the Joint
Resolutions cited in Section 5 of this Ordinance, the agreement between Bagumbayan
and its neighbor-Barangays of Tambac and La Esperanza re-defined and confirmed with
finality the land boundary of Barangay Bagumbayan described as follows:

“Bounded on the North along marked point 1 in Lot No. 477 to marked point 2 in
Lot No. 205, by Malasila River. On the East along marked point 2 in Lot No. 205
to marked point 3 in Lot No. 109, by Barangay La Esperanza. On the South-West

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along marked point 3 in Lot No. 109 to marked point 4-5-6-7 and marked point 8
in Lot 718, by Barangay Tambac, along marked point 8 in Lot 718 to marked
point 9-10 and point 1 in Lot No. 477 by Barangay Dungos.”

SECTION 7. Final Land Area – Based, therefore, on the final boundary


determination stated in Section 6, the total land area of Bagumbayan is now estimated to
be 774.5990 hectares.

SECTION 8. Final Map – Thus, based also on the final boundary defined in
Section 6, the map of Barangay Bagumbayan 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 Bagumbayan 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 Bagumbayan 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.

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, the
Office of the City Environment and Natural Resources Office, Provincial Environment
and Natural Resources Office, Kidapawan City for the information, consideration, and
appropriate action, the Office of the Municipal Mayor, the Office of the Municipal
Assessor, the Office of the Punong Barangays of Bagumbayan, Tambac, Dungos and La
Esperanza, all of this municipality for their information and reference.

Respectfully submitted:
Committee on Housing and Land Utilization

RICHARD E. DADO EMILIANO C. ORTIZO, JR.


SB Member/Committee Chairman SB Member/Committee Vice-Chairman

DYANNE KRISTINE A. SIDEÑO CLAIRE L. PALMA


SB Member SB Member

FABIO P. LAPATING, JR.


SB Member

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