This pertains to the Memorandum dated September 16, 2008 of Director Bartolome J. Sinocruz, Jr., Deputy Executive Director for Operations, relative to the simultaneous conduct of the plebiscites to ratify the creation of three (3) barangays in the Municipality of Datu Piang and two (2) barangays in the Municipality of Shariff Aguak, all in the province of Maguindanao.

The Memorandum of Director Sinocruz reads:

"This pertains to the letter-requests of Datu Zaldy Uy Ampatuan, Regional Governor, ARMM and Mayor Samer K. Uy, Al-haj of Datu Piang, same province, requesting for the conduct of the plebiscites to ratify the creation of two (2) barangays in the Municipality of Shariff Aguak and three (3) barangays in the Municipality of Datu Piang, Maguindanao, on October 18, 2008.

There are two (2) municipalities in the Province of Maguindanao that require the conduct of five (5) plebiscites to ratify the creation of five (5) political subdivisions, as follows:

The following supporting documents for the creation of the five (5) barangays were submitted by the proponent, to wit

BARANGAY KANGUAN, DATU PIANG, MAGUINDANAO:

1. Muslim Mindanao Autonomy Act (MMAA) No. 232 (Annex 'A'), entitled: "An Act Creating Barangay Kanguan in the Municipality of Datu Piang, Province of Maguindanao, Providing Funds Therefor, And For Other Purposes.', passed by the Regional Legional Legislative Assembly (RLA) on April 15, 2008, and approved by Datu Zaldy Uy Ampatuan, Regional Governor, ARMM, on May 20, 2008;


2. Sangguniang Panlalawigan Resolution No. 27, Series of 2008, Province of Maguindanao, dated 02 April 2008 (Annex 'A-1'), attested by Vice-Governor/Presiding Officer Datu Sajid Islam Uy Ampatuan, Al-Haj, and approved by Governor Datu Andal Ampatuan, Sr., entitled: 'A Resolution Indorsing Favorably to the Regional Legislative Assembly, Autonomous Region in Muslim Mindanao (ARMM) the Splitting/Division and Subsequent Creation of New Barangay Kanguan to be Carved Out From Barangay Poblacion, in the Municipality of Datu Piang, Maguindanao';


3. Sangguniang Bayan Resolution No. 002, Series of 2008 of the Municipality of Datu Piang, Maguindanao, dated 01 April 2008, attested by Vice-Mayor/Presiding Officer Datu Genuine P. Kamaong, Al-Haj, and approved by Mayor Hadji Samer K. Uy (Annex 'A-2'), entitled: 'A Resolution Supporting/Indorsing the Petition Letter of the Residents and Registered Voters of Barangay Poblacion Seeking for the Creation of Barangay Kanguan to be Carved Out From Barangay Poblacion and Confirming and Approving Barangay Poblacion Resolution No. 002';


4. Sannguniang Barangay Resolution No. 002, Series of 2008, of Barangay Poblacion, Datu Piang, Maguindanao, attested by Punong Barangay/Presiding Officer Esmail P. Tan, and approved by the Sangguniang Barangay on 01 April 2008 (Annex 'A-3'), entitled: 'A Resolution Endorsing the Petition Letter of the Residents and Registered Voters of Barangay Poblacion Seeking for the Creation of Another Barangay To Be Carved Out From Barangay Poblacion and To Be Named As Barangay Kanguan';


5. Petition letter of the residents and registered voters of Barangay Poblacion, Datu Piang, Maguindanao (Annex 'A-4'), requesting for the creation of Barangay Kanguan;


6. Photocopy of a Certification dated 26 August 2008 (Annex 'A-5'), issued by Valentino C. Abuan, Officer-in-charge/Director III, National Statistics Office (NSO), certifying that based on the 2007 Census of Population conducted by the NSO, the population as of August 1, 2007 of Barangay Poblacion is 11,638, and the population of the proposed barangay as embodied in SP Resolution No. 27 is 3,217;


7. Certification dated 13 February 2008 (Annex 'A-6'), issued by Allan Lao Diansuy, Chief, Survey, Division and Brahim B. Andamen, Director II, Land Management Bureau, DENR, ARMM, certifying that the land area of the proposed Barangay Kanguan, Municipality of Datu Piang is approximately Three point Four Million Two Hundred Twenty Three Thousand Eight Hundred Thirty Seven (3.4223837) sq. km. more or less. That the area of the proposed barangay Kanguan is physically contiguous and will not affect the minimum requirement of land area of the Mother Barangay Poblacion, Datu Piang, Maguindanao, as required by law;


8. Certified photocopy of Certification dated 24 April 2008 (Annex 'A-7'), issued by Enting T. Kamensa, Municipal Treasurer, Datu Piang, Maguindanao, that as per records in the office of the ABC President, the annual income of Barangay Poblacion for three consecutive years 2005, 2006 and 2007 is P1,802,250, P2,170,914.00 and P2,519,422.00, respectively;


9. Blueprint map (Annex 'A-8') of the mother barangay, indicating therein the proposed barangay, with technical descriptions properly identified by metes and bounds;


10. Copy of Mindanao Cross (Annex 'A-9'), showing therein that Muslim Mindanao Autonomy Act No. 232 has been published on June 21, 2008; and


11. Photocopy of the Official Receipt No. 4400234 N dated 29 July 2008 (Annex 'A-10') in the amount of Five Thousand Pesos, representing the filing fee for the said plebiscite pursuant to MR No. 02-0130 dated 18 September 2002.

BARANGAY TANGUAPO, DATU PIANG, MAGUINDANAO:

1. Certified true copy of Muslim Mindanao Autonomy Act (MMAA) No. 105 (Annex 'B'), entitled: 'An Act Creating Barangay Tanguapo in the Municipality of Datu Piang, Province of Maguindanao, Authorizing the Appropriation of Funds Therefor, And For Other Purposes.', passed by the Regional Legional Legislative Assembly (RLA) on August 08, 2000, and approved by Prof. Nur Misuari, Regional Governor, ARMM;


2. Certified true copy of Sangguniang Panlalawigan Resolution No. 62-A, Series of 1999 of the Province of Maguindanao, dated 07 December 1999 (Annex 'B-1'), attested by Muslimin A. Ampatuan, Vice-Governor/Presiding Officer Muslimin A. Ampatuan, and approved by Datu Zacaria Candao, Governor, ARMM, entitled: 'Resolution Indorsing to the Regional Legislative Assembly (RLA), Autonomous Region in Muslim Mindanao (ARMM) Resolutions Numbered 023, 022, 021-A, and 007, of the Sangguniang Bayan of the Municipality of Datu Piang, Maguindanao for Appropriate Action.'


3. Sangguniang Bayan Resolution No. 007-99, Series of 1999 (Annex 'B-2'), dated 25 March 1999 of the Municipality of Datu Piang, Maguindanao, attested by Vice-Mayor/Presiding Officer Ramiel Tan, and approved by Mayor Saudi U. Ampatuan, entitled: 'A Resolution Approving/Recommending Favorable Consideration on the Proposed Creation/Conversion of Sitio Tanguapo Into An Independent Local Government Unit (Barangay) From Its Mother Barangay, Damabalas, Datu Piang, Maguindanao.';


4. Certified true copy of Sangguniang Barangay Resolution No. 013, Series of 1999 (Annex 'B-3'), dated July 6, 1999 of Barangay Damabalas, Datu Piang, Maguindanao, attested by Punong Barangay/Presiding Officer Boy Guialal, and approved by the Sangguniang Barangay on the same date entitled: 'A Resolution Authorizing and Consequently Indorsing The Petition Letter of Residents Of This Barangay Petitioning For The Creation/Conversion of Sitio Tanguapo Info An Independent And Distinct Political Unit/Barangay To Be Known As Barangay Tanguapo From The Mother Barangay Damabalas, Datu Piang, Maguindanao.';


5. Photocopy of a Certification dated 26 August 2008 (Annex 'B-4'), issued by Valentino C. Abuan, Officer-in-charge/Director III, National Statistics Office (NSO), certifying that based on the 2007 Census of Population conducted by the NSO, the population as of August 1, 2007 of the Mother Barangay Magaslong is 2,922;


6. Certification dated 29 April 2008 (Annex 'B-5'), issued by Allan Lao Diansuy, Chief, Survey, Division and Brahim B. Andamen, Director II, Land Management Bureau, DENR, ARMM, certifying that the land area of the proposed Barangay Tanguapo is approximately Seven point Eighty Four (7.84) sq. km. more or less. That the area of the proposed Barangay Tanguapo is physically contiguous and will not affect the minimum requirement of land area of the Mother Barangay Damabalas, Datu Piang, Maguindanao, as required by law;


7. Certification dated 29 April 2008 (Annex 'B-6'), issued by Allan Lao Diansuy, Chief, Survey, Division and Brahim B. Andamen, Director II, Land Management Bureau, DENR, ARMM, certifying that the land area of the mother Barangay Damabalas, Municipality of Datu Piang is approximately Seven point Sixty Two sq. km. more or less;


8. Certified photocopy of Certification dated 24 April 2008 (Annex 'B-7'), issued by Enting T. Kamensa, Municipal Treasurer, Datu Piang, Maguindanao, that as per records in the office of the ABC President, the annual income of Barangay Damabalas for three consecutive years 2005, 2006 and 2007 is P913,230.00, P1,091,568.00 and P1,260,180.00, respectively;


9. Certification dated 10 June 2008 (Annex 'B-8'), certifying that funds are available for the conduct of the plebiscite;


10. Blueprint map (Annex 'B-9') of the mother barangay, indicating therein the proposed barangay, with technical descriptions properly identified by metes and bounds;


11. Copy of Mindanao Cross (Annex 'B-10'), showing therein that Muslim Mindanao Autonomy Act No. 105 has been published on July 19, 2008; and


12. Photocopy of the Official Receipt No. 4400234 N dated 29 July 2008 (Annex 'B-11') in the amount of Five Thousand Pesos, representing the filing fee for the said plebiscite pursuant to MR No. 02-0130 dated 18 September 2002.

BARANGAY LINTUKAN, DATU PIANG, MAGUINDANAO:

1. Muslim Mindanao Autonomy Act (MMAA) No. 233 (Annex 'C_'), entitled: 'An Act Creating Barangay Lintukan in the Municipality of Datu Piang, Province of Maguindanao, Providing Funds Therefor, And For Other Purposes.', passed by the Regional Legional Legislative Assembly (RLA) on 15 April, 2008, and approved by Datu Zaldy Uy Ampatuan, Regional Governor, ARMM on 20 May 2008;


2. Original copy of Sangguniang Panlalawigan Resolution No. 28, Series of 2008 of the Province of Maguindanao, dated 02 April 2008 (Annex 'C-1'), attested by Datu Sajid Islam Uy Ampatuan, Vice-Governor/Presiding Officer and approved by Datu Andal S. Ampatuan, Sr., Governor, ARMM, entitled: 'Resolution Favorably Indorsing to the Honorable Regional Legislative Assembly-Autonomous Region in Muslim Mindanao (RLA-ARMM) The Splitting/Division And Subsequent Creation Of New Barangay Lintukan To Be Carved Out From Barangay Magaslong In The Municipality Of Datu Piang, Maguindanao.';


3. Sangguniang Bayan Resolution No. 003, Series of 2008 (Annex 'C-2), dated 01 April 2008 of the Municipality of Datu Piang, Maguindanao, attested by Vice-Mayor/Presiding Officer Datu Genuine P. Kamaong and approved by Mayor H. Samer K. Uy, entitled: 'A Resolution Supporting/Indorsing The Petition Letter Of The Residents And Registered Voters Of Barangay Magaslong Seeking For The Creation Of Another Barangay To Be [Carved] Out From Barangay Magaslong And To Be Named Barangay Lintukan.';


4. Certified true copy of Sangguniang Barangay Resolution No. 006, Series of 2007 (Annex 'C-3') of Barangay Magaslong, Datu Piang, Maguindanao, attested by Punong Barangay Ali Samula, entitled: 'A Resolution Endorsing/Recommending The Creation of Barangay Lintukan To Be [Carved] Out From Barangay Magaslong.';


5. Photocopy of a Certification dated 26 August 2008 (Annex 'C-4'), issued by Valentino C. Abuan, Officer-in-charge/Director III, National Statistics Office (NSO), certifying that based on the 2007 Census of Population conducted by the NSO which were proclaimed official by the President of the Philippines under Proclamation No. 1489, the population as of August 1, 2007 of Barangay Magaslong is 2,922;


6. Certification dated 13 February 2008 (Annex 'C-5'), issued by Allan Lao Diansuy, Chief, Survey, Division and Brahim B. Andamen, Director II, Land Management Bureau, DENR, ARMM, certifying that the land area of the proposed Barangay Lintukan is approximately Sixty point Four [Hundred] Thirteen Thousand Nine Hundred Ninety Two (60.413,992) hectares more or less. That the area of the proposed Barangay Lintukan is physically contiguous and will not affect the minimum requirement of land area of the Mother [Barangay] Magaslong, Datu Piang, Maguindanao, as required by law;


7. Certified photocopy of Certification dated 24 April 2008 (Annex 'C-6'), issued by Enting T. Kamensa, Municipal Treasurer, Datu Piang, Maguindanao, that as per records in the office of the ABC President, the annual income of Barangay Magaslong fpr three consecutive years 2005, 2006 and 2007 is P863,400.00, P947,856.00 and P1,031,084.00, respectively;


8. Certification dated 10 June 2008 (Annex 'C-7'), certifying that funds are available for the conduct of the plebiscite;


9. Blueprint map (Annex 'C-8') of the mother barangay, indicating therein the proposed barangay, with technical descriptions properly identified by metes and bounds;


10. Copy of Mindanao Cross (Annex 'C-9'), showing therein that Muslim Mindanao Autonomy Act No. 105 has been published on June 21, 2008; and


11. Photocopy of the Official Receipt No. 4400234 N dated 29 July 2008 (Annex 'C-10') in the amount of Five Thousand Pesos, representing the filing fee for the said plebiscite pursuant to MR No. 02-0130 dated 18 September 2002.

BARANGAYS DATU BAKAL AND DATU KILAY, SHARIFF AGUAK, MAGUINDANAO:

1. Muslim Mindanao Autonomy Act (MMAA) No. 236 (Annex 'D'), entitled: 'An Act Creating Barangays Datu Bakal and Datu Kilay In The Municipality of Shariff Aguak, Province Of Maguindanao, Providing Funds Therefor, And For Other Purposes.', passed by the Regional Legional Legislative Assembly (RLA) on April 15, 2008, and approved by Datu Zaldy Ampatuan, Regional Governor, ARMM;


2. Sangguniang Panlalawigan Resolution No. 07, series of 2008, dated 06 February 2008 (Annex 'D-1'), entitled: 'Resolution Favorably Indorsing to the Regional Legislative Assembly-Autonomous Region in Muslim Mindanao (RLA-ARMM) The Splitting/Division And Subsequent Creation Of New Barangays Datu Bakal To Be Carved Out From Mother Barangay Tapikan And Datu Kilay To Be Carved Out From Mother Barangay Lepok All In The Municipality of Shariff Aguak';


3. Certified photocopy of Resolution no. 01-A, series of 2008 (Annex 'D-2'), entitled 'A Resolution Favorably Endorsing To The Regional Legislative Assembly, Autonomous Region In Muslim Mindanao (RLA-ARMM) Thru The Sangguniang Panlalawigan Of Maguindanao To Cause For An Enactment Of Law Providing For The Splitting/Division and Subsequent Creation Of Barangays In The Municipality of Shariff Aguak, Province of Maguindanao;


4. Joint Resolution No. 01, series of 2007 (Annex 'D-3'), of the Sangguniang Barangays of Tapikan and Lepok, entitled: 'Resolution Respectfully Requesting The Honorable Speaker, Regional Legislative Assembly, Autonomous Region In Muslim Mindanao Thru The Honorable Mayor Datu Anwar Uy Ampatuan, Sr. To Cause For An Enactment Of Enabling Law For The Division/Splitting And Subsequent Creation Of Proposed Barangay Datu Bakal To Be Carved Out From Barangay Tapikan And Proposed Barangay Datu Kilay To Be Carved Out From Barangay Lepok All In The Municipality Of Shariff Aguak, Maguindanao;


5. Petition of Barangay Officials and residents of Barangay Tapikan, Shariff Aguak (Annex 'D-4'), requesting for the division of Barangay Tapikan to retain its name and the proposed new barangay to be named as BARANGAY DATU BAKAL;


6. Petition of Barangay Officials and residents of Barangay Lepok, Shariff Aguak (Annex 'D-5'), requesting for the division of Barangay Lepok to retain its name and the proposed new barangay to be named as BARANGAY DATU KILAY;


7. Certified photocopy of a Certification dated 08 July 2008 (Annex 'D-6'), issued by Hj. Commando P. Pilimpinas, Regional Director, National Statistics Office (NSO), ARMM, that based on the results of the 2007 Census of Population and Housing conducted by the NSO, which was proclaimed official by the President under Proclamation No. 1489 dated 16 April 2008, the population as of August 1, 2007 of Barangays Lepok and Tapikan is 2,441 and 2595, respectively;


8. Certification dated 29 July 2008 (Annex 'D-7'), issued by Brahim B. Andamen, Director II, Land Management Bureau, DENR, ARMM, certifying that the land area of the proposed Barangay Datu Bakal is more or less Four Point Forty Three (4.43) square kilometers, and the creation of the proposed barangay will not affect the minimum requirement of land area of the mother Barangay Tapikan;


9. Certification dated 29 July 2008 (Annex 'D-8'), issued by Brahim B. Andamen, Director II, Land Management Bureau, DENR, ARMM, certifying that the land area of the proposed Barangay Datu Kilay is more or less Three Point Fifty Two (3.52) square kilometers, and the creation of the proposed barangay will not affect the minimum requirement of land area of the mother Barangay Lepok;


10. Certified photocopy of a Certification dated 18 July 2008 (Annex 'D-9'), issued by Violeta C. Cadet, ICO, Municipal Treasurer, Shariff Aguak, certifying that funds are available to defray the expenses for the conduct of the plebiscite;


11. Photocopy of a Certification (Annex 'D-10') dated 16 June 2008, issued by Violeta C. Cadet, ICO, Municipal Treasurer, Shariff Aguak, certifying that Barangays Lepok and Tapikan have the total annual income of One Million Three Hundred Six and Five Hundred Twenty (P1,306,520.00) and One Million Five Hundred Ninety Five Thousand (P1,595,000.00) for calendar years 2006 and 2007, respectively;


12. Blueprint map (Annex 'D-11') of the mother barangays, indicating therein the proposed barangays, properly identified by metes and bounds with technical descriptions;


13. Photocopy of the Official Receipt No. 4406746 N dated 28 September 8, 2008 (Annex 'D-12'), in the amount of Ten Thousand Pesos, representing the filing fee for the said plebiscite pursuant to MR No. 02-0130 dated 18 September 2002; and


14. Copy of Mindanao Cross (Annex 'D-13'), showing therein that Muslim Mindanao Autonomy Act No. 236 was published on May 31, 2008.

LEGAL BASIS:

Section 19, Article VI of Republic Act No. 9054, entitled 'AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6734, ENTITLED 'AN ACT PROVIDING FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO', AS AMENDED', provides that:

'Sec. 19. Creation, Division or abolition of Provinces, Cities, Municipalities or Barangay. - The Regional Assembly may create, divide, merge, abolish or substantially alter boundaries of provinces, cities, municipalities, or barangay in accordance with the criteria laid down by Republic Act No. 7160, the Local Government Code of 1991, subject to the approval by a majority of the votes cast in a plebiscite in the political units directly affected. The Regional Assembly may prescribe standards lower than those mandated by Republic Act No. 7160, the Local Government Code of 1991, in the creation, division, merger, abolition, or alteration of the boundaries of provinces, cities, municipalities, or barangay. Provinces, cities, municipalities, or barangay created, divided, merged, or whose boundaries are altered without observing the standards prescribed by Republic Act No. 7160, the Local Government Code of 1991, shall not be entitled to any share of the taxes that are collected to the local government units under the provisions of the Code. (Underling ours)

The financial requirements of the provinces, cities, municipalities or barangays so created, divided, merged shall be provided by the Regional Assembly out of the general funds of the Regional Government.

The holding of a plebiscite to determine the will of the majority of the voters of the areas affected by the creation, division, merger, or whose boundaries are being altered as required by Republic Act No. 7160, the Lcoal Government Code of 1991, shall, however, be oberved.'

Pursuant thereto, the Regional Legislative Assembly of ARMM enacted Muslim Mindanao Act No. 25 (MMAA) otherwise known as 'Local Government Code of the Autonomous Region in Muslim Mindanao', providing, among other things, under Sections 380 and 436 thereof, the manner and requisites for the creation of a barangay, to wit:

'Sec. 380. Manner of Creation. - A barangay may be created, divided, merged, abolished, or its boundary substantially altered, by the Regional Assembly in consultation with the communities concerned, subject to the approval by majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units affected thereby within such a period of time as may be determined by the law creating said barangay.'

Sec. 437 of MMA Act No. 25 enumerates the basic requirements/conditions sine qua non for the creation of a barangay, thus:

'Sec. 381. Requisites for Creation. - (a) A barangay may be created out of a contiguous territory which has a population of at least one thousand (1,000) inhabitants as certified by the National Statistics Office except in highly urbanized cities where such territory shall have a certified population of at least 5,000 inhabitants. Provided, that the creation thereof shall not reduce the population of the original barangay or barangays to less than the minimum requirements prescribed herein. To enhance the delivery of basic services in the indigenous culture communities, barangays may be created in such communities by an act of the Regional Legislative Assembly, notwithstanding the above requirement.

(b) The territorial jurisdiction of the new barangay shall be properly identified by metes and bounds or more or less permanent nature boundaries. The territory need to be contiguous if it comprises two (2) or more islands.

in relation to Section 7 and 8 of Chapter 2, MMA Act No. 25, hereunder quoted:

'SEC. 7. Creation and Conversion. - As a general rule, the creation of a local government unit or ots conversion from one level to another shall be based on verifiable indicators of viability and projected capacity to provide services, to wit:

(a) Income - It must be sufficient, based on standards provided for in the Code like essential facilities and services and special functions commensurate with the size of its population as may be expected of the local government unit concerned;

(b) Population - It shall be determined according to the minimum standard number of inhabitants within the territorial jurisdiction of the government unit concerned provided for in this Code; and

(c) Land Area - It must be contiguous, unless comprises two (2) or more islands or is separated by a local government unit independent of the others properly identified by metes and bounds with technical descriptions, and sufficient to provide for such basic services and facilities to meet the requirements of the populace. Compliance with the foregoing indicators shall be attested to by the Department of Finance (DOF), the National Statistics Office (NSO), and the Lands Management Bureau (LMB) of the Department of Environment and Natural Resources (DENR), Autonomous Region in Muslim Mindanao.

SEC. 8. Division and Merger. - Division and Merger of existing local government units in the autonomous region shall comply with the same requirements prescribed for their creation: Provided, however, That such division shall not reduce the income, population, or land area of the local government unit or units concerned to less than the minimum requirements prescribed in this Code: Provided, further, That the income classification of the original local government unit or units shall not fall below its current income classification prior to such division.'

COMMENT

The requisites for the creation of the five (5) barangays have been complied with, as shown by the following:

1. The creation of the five (5) barangays namely: Barangays Kanguan, Tanguapo and Lintukan in the Municipality of Datu Piang and Barangays Datu Bakal and Datu Kilay, Municipality of Shariff Aguak, is pursuant to an Act of the Regional Legislative Assembly, namely Muslim Mindanao Autonomy Acts (MMAAs) Nos. 232, 105, 233 and 236, as prescribed in Section 19 of R.A. 9054;


2. The population of the five (5) barangays are more than the required minimum of at least One Thousand (1,000) inhabitants, as certified by the National Statistics Office. That the creation of the proposed barangays will not reduce the population of the original or mother barangays at the time of said creation to less than the minimum requirements prescribed herein;


3. The land area of the proposed five (5) barangays is contiguous and its territorial jurisdiction were properly identified by metes and bounds or by more or less permanent natural boundaries;


4. Filing fee in the amount of P5,000.00 each was paid by the proponents, as per attached Official Receipts.

RECOMMENDATION

In view of the foregoing, it is recommended that:

1. The plebiscites to ratify the creation of the political subdivisions in the Municipalities of Datu Piang and Shariff Aguak, Maguindanao, be conducted simultaneously on November 1, 2008:

2. The proponent local government units shall remit to the Commission the plebiscite expenses, within three (3) days from approval of the Memorandum the common expenses of which shall be shouldered proportionately, as far as practicable, by the municipality concerned, based on the total number of registered voters or precints.

Also attached for approval are the following resolutions:

1. Calendar of Activities in connection with the November 1, 2008 Plebiscites to ratify the creation of Barangays Kanguan, Tanguapo and Lintukan in the Municipality of Datu Piang and Barangays Datu Bakal and Datu Kilay in the Municipality of Shariff Aguak, all in the Province of Maguindanao;


2. Rules and Regulations Governing the Conduct of the November 1, 2008 Plebiscite;


3. Request for the Concurrence of the President of the Republic of the Philippines;


4. In the Matter of Deputizing the Department of Education, the Department of Public Works and Highways, the Department of the Interior and Local Government, The Armed Forces of the Philippines, the National Police Commission and the Philippine National Police; and


5. Estimated Plebiscite Expenses of Datu Piang and Shariff Aguak.

Respectfully submitted for information and consideration."

The Commission RESOLVED, as it hereby RESOLVES, to approve the foregoing recommendation of Director Bartolome J. Sinocruz Jr., Deputy Executive Director for Operations, to conduct simultaneously the plebiscites to ratify the creation of the following political subdivisions in the Municipalities of Datu Piang and Shariff Aguak, Maguindanao, on November 1, 2008:

subject to remittance by the local government units concerned to the Commission of the plebiscite funds in the amount of One Million Three Hundred Sixty Nine Thousand Nine Hundred Eighteen Pesos (P1,369,918.00) for the Municipality of Datu Piang and Six Hundred Eighty One Thousand Three Hundred Eighty One Pesos (P681,381.00) for the Municipality of Shariff Aguak, as detailed in the attached Summary of Estimated Plebiscite Expenses, consisting of two (2) pages, collectively, forming integral part hereof.

Let the Deputy Executive Director for Operations implement this resolution.

SO ORDERED.

Updated: 01.13.12 LGA