Republic Act No. 9032 An Act Expanding the Area of Jurisdiction of the Municipality of Culion, Province of Palawan, Amending for the Purpose Republic Act No. 7193

March 12, 2001

REPUBLIC ACT NO. 9032

AN ACT EXPANDING THE AREA OF JURISDICTION OF THE MUNICIPALITY OF CULION, PROVINCE OF PALAWAN, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7193

SECTION 1.A new section is hereby inserted after Section 1 of Republic Act 7193 entitled, "An Act Creating the Municipality of Culion in the Province of Palawan," designated as Section 1-A, to read as follows:

"SEC. 1-A.The barangays of Balala, Baldat, Binudac, Culango, Galoc, Jardin, Libis, Luac, Malaking Patag, Osmeña and Tiza which have been existing and functioning as regular barangays before the creation of the municipality in 1992 are hereby declared as legally existent upon the creation of the Municipality of Culion. These barangays shall comprise the Municipality of Culion, subject to the provisions of the succeeding paragraphs. The territorial boundaries of these barangays are specified in Annex "A" of this Act.

Subject to the provisions of Section 10, Republic Act No. 7160, Burabod and Halsey in the Municipality of Busuanga, Province of Palawan, are hereby separated from said municipality and are transferred as part of the political jurisdiction of the Municipality of Culion.

A barangay for the indigenous cultural communities to be known as Barangay Carabao is hereby created to be composed of the following sitios, namely: Bacutao, Baracuan, Binabaan, Cabungalen, Corong, De Carabao (Lumber Camp), Igay, Layang-layang, Marily Pula and Pinanganduyan."

SECTION 2.Upon the effectivity of this Act, the internal revenue allocations already allotted but not released by the Department of Budget and Management to barangays Balala, Baldat, Binudac, Culango, Galoc, Jardin, Libis, Luac, Malaking Patag, Osmeña and Tiza from the time of the existence of the Municipality of Culion in 1995 shall be made available to the above mentioned barangays. Barangays Burabod and Halsey shall continue to receive their respective internal revenue allocation as part of the Miunicipality of Culion.

SECTION 3.Within sixty (60) days from the effectivity of this Act, the Commission on Elections (COMELEC) shall hold the plebiscite required for the transfer of barangays Burabod and Halsey to the Municipality of Culion as well as for the creation of the new barangay, De Carabao, for the indigenous cultural communities. The plebiscite for the transfer of Burabod and Halsey shall be conducted in both municipalities of Culion and Busuanga, including barangays Burabod and Halsey. The plebiscite for the creation of Barangay Carabao shall be conducted in the whole municipality of Culion. The COMELEC may hold both plebiscites simultaneously.

SECTION 4.The COMELEC shall hold the elections for the officials of the sangguniang barangay and the sangguniang kabataan of the eleven (11) barangays whose legal existence is herein recognized, simultaneous with the 2002 regular elections for barangay officials. If the creation of Barangay Carabao is approved in the plebiscite held for the purpose, the COMELEC shall also hold the elections for the officials of the said barangay simultaneous with the elections for barangay officials whose legal existence is recognized in this Act.

SECTION 5.The declaration of Culion as a national reservation for lepers by virtue of Executive Order No. 35, Series of 1904 is hereby revoked. Within six (6) months from the effectivity of this Act, the municipal government of Culion, in coordination with the Department of Environment and Natural Resources, the Department of Health, the Department of Agrarian Reform, the Representative of the First Congressional District of Palawan, the Province of Palawan, and the Palawan Council for Sustainable Development, shall determine the areas which shall remain with the Department of Health, belong to the public domain, be alienable and disposable, become the property of the Municipality of Culion, and become the property of the Province of Palawan. The aggregate land area that shall become the property of the Municipality of Culion shall not be less than five percent (5%) of the total land area of the Municipality. The aggregate land area that shall become the property of the Province of Palawan shall not be more than one percent (1%) of the total land area of the Municipality. The area to be retained by the Department of Health for its hospital zone shall not include forest land or any portion of land devoted to residential, business or commercial, and institutional purposes as well as tracks of land already developed for agricultural purposes or used as community settlements, or those occupied by members of the indigenous communities, and that no portion of marine waters be made part of the said zone.

SECTION 6.Upon the effectivity of this Act, the Department of Health shall relinquish administrative control to the Municipality of Culion over all lands and waters within the territorial jurisdiction of the said Municipality, except over those parcels of land which shall be retained by the Department for its sanitarium. Thereafter, the Municipality of Culion shall be substituted to the Department of Health in all valid contracts entered into, permits issued, and rights granted by the Department of Health involving lands and water resources within the territorial boundaries of the Municipality, subject to the latter's land and water use policy. All the revenues from these contracts and permits shall henceforth redound to the Municipality of Culion, insofar as allowed under the provisions of Republic Act No. 7160 as well as other pertinent laws, rules and regulations.

SECTION 7.The expenses for and incidental to the holding of the plebiscites required by this Act shall come from the appropriations of the Municipality of Culion. The expenses to be incurred in the conduct of land classification and cadastral survey in the Municipality of Culion as herein required shall come from the appropriations of the Department of Environment and Natural Resources for the year of the effectivity of this Act.

SECTION 8.Repealing Clause. — All laws, decrees, and other issuances or parts thereof, contrary to or inconsistent with the provisions of this Act are hereby modified or repealed accordingly.

SECTION 9.Effectivity Clause. — This Act shall take effect fifteen (15) days following the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved: March 11, 2001

Published in the Official Gazette, Vol. 97 No. 15, page 2158 on April 9, 2001.