Bangsamoro Autonomy Act No. 55

BILL NO. 191

Republic of the Philippines

BANGSAMORO TRANSITION AUTHORITY PARLIAMENT Bangsamoro Autonomous Region in Muslim Mindanao

Bangsamoro Government Center, Cotabato City

SECOND REGULAR SESSION

BANGSAMORO AUTONOMY ACT NO.55

Begun and held in Cotabato City, on Thursday, the 15th day of September 2022

AN ACT CREATING THE MUNICIPALITY OF SHEIK ABAS HAMZA IN THE

PROVINCE OF MAGUINDANAO DEL NORTE, PROVIDING FUNDS THEREFOR,AND FOR OTHER PURPOSES

Be it enacted by the Bangsamoro Transition Authority in Parliament assembled:

SECTION 1.Declaration of Policy. - In the exercise of genuine autonomy and self-governance, the Bangsamoro Government is empowered to create, divide, merge, abolish, or substantially alter boundaries of municipalities or barangays in accordance with a law enacted by the Parliament. The municipalities or barangays created, divided, merged, or whose boundaries are substantially altered shall be entitled to their appropriate share in the national taxes or Internal Revenue Allotment: Provided, That it shall be approved by a majority of the votes cast in a plebiscite in the political units directly affected.

SEC. 2. Creation of the Municipality. -- The Barangays of Labungan, Taviran, Baka, Sapalan, Sifaran Bugawas, Bitu, Kurintem, Margues, and Makir are hereby separated from the Municipality of Datu Odin Sinsuat, Maguindanao del Norte and constituted into a distinct and independent municipality to be known as Municipality of Sheik Abas Hamza, which is hereby created in the province of Maguindanao del Norte.

SEC. 3. Seat of Government. -- The seat of government of the Municipality of Sheik Abas Hamza shall be established in Barangay Bugawas, which shall be known hereafter as the "Poblacion. "

SEC. 4. Territorial Boundary. -- The Municipality of Sheik Abas Hamza contains a land area of One Hundred Sixty-Four Thousand Three Hundred Eighty-Seven and Four Hundred Seventy-Four (164,387,474) square meters. The territorial boundary of the new municipality shall follow the existing boundaries of the constituent barangays as above enumerated in Section 2 hereof.

SEC. 5. Plebiscite Requirement. -- The Municipality of Sheik Abas Hamza shall acquire corporate existence upon ratification of its creation by a majority of the votes cast by qualified voters in a plebiscite to be conducted in the barangays comprising the municipality pursuant to Section 2 hereof within sixty (60) days after the approval of the Act.

The Commission on Elections shall conduct and supervise the plebiscite. The expenditure in holding the plebiscite shall be taken out of the Contingent Fund of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) under the appropriations of fiscal year 2024.

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SEC. 6. Appointment of Municipal Officials. -- The municipal government shall be composed of a municipal mayor, a municipal vice mayor, and eight (8) members of its sangguniang bayan who shall be appointed by the Chief Minister of the BARMM immediately after the ratification of this Act in a plebiscite. They shall continue to hold office until their successors shall have been elected and qualified in the next regular election: Provided, That the incumbent elective members of the sangguniang bayan of the Municipality of Datu Odin Sinsuat, Maguindanao del Norte, who are actual residents of the new municipality shall serve the remaining terms of their elective offices in the mother municipality.

SEC.7. Financial Assistance Pending Entitlement to Internal Revenue Allotment. --The Bangsamoro Government shall appropriate and provide financial assistance for the administration and operation of the Municipal Government of Sheik Abas Hamza in the amount of not less than Two Million Five Hundred Thousand Pesos (PHP 2,500,000.00) every month until such time as the new municipality shall have been allocated its share in the Internal Revenue Allotment.

SEC. 8. Separability Clause. -- If, for any cause, any part of this Act is declared unconstitutional or contrary to the provisions of Republic Act No. 11054, the rest of the provisions hereof which are not affected shall remain in full force and effect.

SEC.9.Repealing Clause. -- All laws, decrees, executive orders or regulations or any part thereof which may be contrary or inconsistent to this Act, except those that declare any part of this Act unconstitutional or contrary to the provisions of the Bangsamoro Organic Law, are hereby repealed, amended, modified, or altered accordingly.

SEC. 10. Effectivity of the Law. -- This Act shall take effect after fifteen (15) days from its publication in the Bangsamoro Gazette or in one (l) newspaper of regional circulation.

ATTY.PAMGALIAN M.BALINDONG Speaker 3

1445/December 20, 2023 This Act was passed by the Bangsamoro Transition Authority Parliament on Jumada Al-Akhirah 07.

PRO Sedilen Iqehekal NKAI

Approved:

AHOD' B. YBRAHIM Chief Minister Date: Dec. 26 2023 XXX

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