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: [email protected]

To the Presiding Officer:

(DRAFT) RESOLUTION NO. ___

(s. 2018)

RESOLUTION ENACTING AN ORDINANCE DETERMINING THE FINAL

BOUNDARY AND AREA OF BARANGAY BACONG, TULUNAN, COTABATO.

(Sponsor: The Committee on Housing and Land Utilization)

WHEREAS, Barangay Bacong of this Municipality, in its desire to settle the final
boundaries with adjacent Barangays of Banayal, Batang, Bituan, Daig, Lampagang,
Kanibong and Paraiso, all of Tulunan, Cotabato, has re-defined their boundary lines by
jointly determining the technical descriptions being cited in the Joint Resolutions No. 1;

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, be it;

RESOLVED TO ENACT, as it hereby enacts;

(DRAFT) MUNICIPAL ORDINANCE NO. ___

AN ORDINANCE DETERMINING THE FINAL BOUNDARY AND AREA OF

BARANGAY BACONG, 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 Bacong, 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 Bacong

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 Bacong, Tulunan, Cotabato.

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 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 Bacong 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 Bacong – refers to one of the 29 regular Barangays of the Municipality

of Tulunan. Within Tulunan, Barangay Bacong has a boundary to Barangay
Banayal, Barangay Batang, Barangay Bituan, Barangay Daig, Barangay
Lampagang, Barangay Kanibong and Barangay Paraiso.
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:

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
...

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 Justifications:

i. The Joint Resolution Number 1, Series of 2017 of Barangay Bacong and Banayal,
dated October 03, 2017, entitled, “Resolution confirming the existing Boundary
Lines between Barangay Bacong and Banayal, both of the Municipality of
Tulunan, Cotabato with the Technical Description Cited Hereunder:

"Identified boundaries and its identified lots. On the North-West portion

of Barangay Bacong from Banayal Creek to Lot 93 of Sitio Salvan (part of
Barangay Bacong). On the South-East portion of Barangay Banayal, from
Banayal Creek, are Lot Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 11, 41, 42, 74, 75,
92 and 93, all lots of Sitio Salvan (part of Barangay Banayal)."

ii. The Joint Resolution Number 1, Series of 2017 of Barangays Bacong and Batang,
dated September 19, 2017, entitled, “Resolution confirming the existing
Boundary Lines between Barangays Bacong and Batang, both of the Municipality
of Tulunan, Cotabato with the Technical Description Cited Hereunder:

"Identified boundaries and its identified lots, on the North portion of

Barangay Bacong along Bituan River from Lot 168 to Lot 178 of Barangay
Bituan (part of Barangay Bacong). On the South of Barangay Batang along
Bituan River are Lot Nos. 168, 169, 170, 171, 182, 181, 180, 179 & 178 (part
of Barangay Batang)."

iii. The Joint Resolution Number 1, Series of 2017 of Barangays Bacong and Bituan,
dated September 19, 2017, entitled, “Resolution confirming the existing
Boundary Lines between Barangays Bacong and Bituan, both of the Municipality
of Tulunan, Cotabato with the Technical Description Cited Hereunder:

"Identified boundaries and its identified lots, on the North-West portion of

Barangay Bacong from Lot 200 to Lot 279 of Barangay Bituan (part of
Barangay Bacong). On the South-East of Barangay Bituan are Lot Nos. 200,
261, 262, 299, 276, 277 & 278 (part of Barangay Bituan)."

iv. The Joint Resolution Number 1, Series of 2017 of Barangays Bacong and Daig,
dated September 19, 2017, entitled, “Resolution confirming the existing
Boundary Lines between Barangays Bacong and Daig, both of the Municipality
of Tulunan, Cotabato with the Technical Description Cited Hereunder:

"Identified boundaries and its identified lots, on the North-East of

Barangay Bacong from Lot 11 to Lot 93 of Barangay Daig (part of Barangay
Bacong). On the South-West of Barangay Daig are Lot Nos. 11, 13, 14, 15,
16, 17, 30, 31, 32 & 36, along South-East of ISF-120405-02 are Lot Nos. 37,
39, 40, 42, 48, 49, 53, 81, 82 along North-West of ISF-12405-01 are Lot Nos.
124, 126, 127, 128, 129, 132, 133, 134, 135, 137 139, 104, 103, 102, 75, 74,
72, 62, 59, 58, 57, 56, 55, 54, 60, 36, 38, 39, 41, 42, 43, 45, 47, 48, 53, 81, 82,
83, 90, 93 (part of Barangay Daig).”

v. The Joint Resolution Number 1, Series of 2018 of Barangays Bacong and

Lampagang, dated February 13, 2018, entitled, “Resolution confirming the
existing Boundary Lines between Barangays Bacong and Lampagang, both of the
Municipality of Tulunan, Cotabato with the Technical Description Cited Herein:

"Identified boundaries and its identified lots, on the West portion of

Barangay Bacong from Lot 141 to Lot 145 of Barangay Lampagang (part of
Barangay Bacong). On the East portion of Barangay Lampagang are Lot Nos.
141, 142, and Lot 145 (part of Barangay Lampagang)."

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 vi. The Joint Resolution Number 1, Series of 2017 of Barangays Bacong and
Kanibong, dated October 03, 2017, entitled, “Resolution confirming the existing
Boundary Lines between Barangays Bacong and Kanibong, both of the
Municipality of Tulunan, Cotabato with the Technical Description Cited
Hereunder:

"Identified boundaries and its identified lots, on the South-West portion of

Barangay Bacong along Lampagang River from Lot 161 to North portion of
GSS-12-000151-D (part of Barangay Bacong). On the North-East portion of
Barangay Kanibong along Lampagang River are Lot Nos. 161, 162, 165, 164,
163, 178, 179, 180, 200, 202, 201, 470 and GSS-12-000151-D (part of
Barangay Kanibong)."

vii. The Joint Resolution Number 1, Series of 2017 of Barangays Bacong and
Paraiso, dated September 19, 2017, entitled, “Resolution confirming the existing
Boundary Lines between Barangays Bacong and Kanibong, both of the
Municipality of Tulunan, Cotabato with the Technical Description Cited
Hereunder:

"Identified boundaries and its identified lots, on the North-East portion of

Barangay Bacong from Lot 86 to Lot 522 of Barangay Paraiso (part of
Barangay Bacong). On the South-West of Barangay Paraiso are Lot Nos. 86,
87, 84, 73, 74, 54, 53, 48, 49, 50 & Lot 522 (part of Barangay Paraiso)."

SECTION 6. The Final Boundary – Based, therefore, on the content of the Joint
Resolutions cited in Section 5 of this Ordinance, the agreement between Bacong and its
neighbor-Barangays of Barangay Batang, Barangay Bituan, Barangay Daig, Barangay
Lampagang, Barangay Kanibong, and Barangay Paraiso re-defined and confirmed with
finality the land boundary of Barangay Bacong described as follows:

“Bounded on the North along marked point 1-2 to marked point 3, by

Barangay Bituan. Along marked point 3 to marked point 4, by Barangay Batang.
On the North-east along marked point 4-5 to marked point 6, by Barangay
Paraiso. On the east along marked point 6-7-8-9-10 and marked point 11, by
Barangay Daig. On the South along marked point 11 to marked point 12, by
Municipality of Magsaysay, Province of Davao Del Sur. On the South-west along
marked point 12-13-14-15 and marked point 16, by Barangay Kanibong. On the
west along marked point 16 to marked point 17, by Barangay Lampagang and
marked point 17 to marked point 1, by Barangay Banayal.”

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

determination stated in Section 6, the total land area of Bacong is now estimated to be
4,819.0732 hectares.

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

SECTION 9. Repealing Clause – All ordinances, rules and regulations or parts

thereof in conflict with this Ordinance are hereby amended and/or repealed.

SECTION 10. 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 Provincial Environment and Natural Resources, Kidapawan City for the

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information, consideration, and appropriate action; also, the Office of the Municipal
Mayor, the Office of the Municipal Assessor, the Office of the Punong Barangays of
Bacong, Banayal, Batang, Bituan, Daig, Lampagang, Kanibong and Paraiso, 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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