Annex “E”
Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City CONGRESS First Regular Session HOUSE BILL NO. 485 Introduced by Representatives Alberto S. Veloso, Cirilo Roy G. Montejo, Eriberto V. Loreto, Carmelo J. Locsin, and Manuel L. Horca, Jr. EXPLANATORY NOTE The territorial expanse of the province of Leyte is so wide and so vast that its present provincial officials are unable to efficiently and effectively discharge their functions, most especially as they affect far-flung areas like the separate islands constituting the Sub-province of Biliran. The Sub-province of Biliran, in the province of Leyte, comprising eight (8) existing municipalities, has an aggregate land area of 555.42 square kilometers, far much larger that the total land area of the province of Siquijor (343.5 sq. km.), Camiguin (229.8 sq. km.) and Batanes (209.3 sq. km.). With a total population of 122,192 as of 1986, projected to exceed 125,000 by the end of this year, again far higher than the total population of such old, regular provinces as Ifugao and Mountain Province, it has an average estimated annual income for the last 3 consecutive years of P3,467,122.07, as certified by the Department of Finance, which include income allotted for both the general and infrastructure funds, transfer and non-recurring income, and for 1986 the total of such income reaching P4,050,890.26 – an income more than sufficient to support its conversion into a regular province, to be known as the separate and independent Province of Biliran. Considering that the unusually large mother province of Leyte, comprising 49 municipalities, 2 component cities and 5 Congressional Districts, has an annual income of not less than P67-million, the separation from it of only 8 municipalities to compose the new province of Biliran will surely not substantially affect or bring down, by way of reduction of Leyte’s 1.5 million population and its aforementioned income to a point less than the minimum requirement on the same prescribed for a province under the Local Governments Code. This Bill is intended to guarantee and promote its full autonomy, what with its long experience already in self-government for the last 28 years since its creation by Congress as a Sub-province on April 9, 1959 under R.A. 2141, transforming it into a more reliable, effective instrument of national development. Furthermore, its conversion into the proposed province will, in no small measure, help bring about early fulfillment of the dreams and clamor of the population there for total, unimpeded economic, social and political development. The fears, more imagined than real, entertained by a few that the 2 remaining sub-province[s] in the country (Biliran and Guimaras) cannot qualify yet for conversion into regular provinces, under the seemingly unfair criteria prescribed by Section 197 of the Local Governments Code (Batas Blg. 337), no longer prevail in view of the overwhelming approval and effectivity of the new 1986 Constitution. In this connection, special note must be taken of the fact that the succeeding Section 198 of the same Code specifically required said sub-provinces to qualify, within the 10 year period from approval of the Code in 1983, not anymore based on size or area but only “xxx as to population and income”. The inclusion, therefore, of Section 9, Article XVIII (Transitory Provisions) of the new Constitution mandating that each such Sub-province “xxx shall continue to exist and operate until xxx converted into a regular province xxx” – despite the clear assertion, if not sanction, of the same Section 198 of said Code that the non-compliance or failure to qualify will mean their automatic abolition as such Sub-provinces upon expiration of that period – virtually nullified or removed and, in legal contemplation, rendered unnecessary the further application of those qualification requirements (on population and income) as far as they were intended to apply to “existing Sub-provinces” long awaiting conversion into regular provinces for full autonomy. Early approval of this measure is strongly urged. oo0oo Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City CONGRESS First Regular Session HOUSE BILL NO. 485 Introduced by Representatives Alberto S. Veloso, Cirilo Roy G. Montejo, Eriberto V. Loreto, Carmelo J. Locsin, and Manuel L. Horca, Jr. AN
ACT SEPARATING THE SUB-PROVINCE OF BILIRAN FROM THE PROVINCE OF LEYTE AND
CONSTITUTING OR CONVERTING IT INTO A SEPARATE, INDEPENDENT, REGULAR PROVINCE,
TO BE KNOWN AS THE PROVINCE OF BILIRAN Be it enacted by the Senate and House of Representatives in Congress assembled: SECTION 1. The Sub-province of Biliran is hereby declared separated from the Province of Leyte and constituted or converted into a separate, independent, regular province, to be known as the Province of Biliran. SECTION 2. The incumbent officials of the Sub-province of Biliran shall continue to perform their duties and functions as such officials in the province herein created until the provincial officials of the new Province of Biliran shall have been appointed by the President of the Philippines or, if holding elective positions, shall have been elected and qualified. SECTION 3. The funds and obligations and the property of all kinds owed by and/or to be assigned to the Sub-province of Biliran shall, upon the establishment of the new province of Biliran, become the property of and/or assigned to the latter. SECTION 4. The new province shall have its seat of Government in the municipality of Naval and shall begin to exist on the date fixed in a proclamation to this effect by the President after a plebiscite and upon the appointment and qualification of its officers. The Commission on Elections shall supervise the conduct of the plebiscite to be held pursuant to existing laws not later than six (6) months from effectivity of this Act. SECTION 5. Except as herein provided, all provisions of law now or hereafter applicable to regular provinces shall be applicable to the new province of Biliran from the date its existence is proclaimed. The new province of Biliran shall be within the jurisdiction of the 8th Judicial District. SECTION 6. The expenses in holding the plebiscite provided in Section 4 hereof shall be supported by the appropriation provided for the Commission on Elections. SECTION 7. This Act shall take effect upon its approval. APPROVED. Home | . |