Bangsamoro Autonomy Acts & IRRs BAA No. 46BAA No. 46 2023-09-29T14:06:29.000+08:00

Bangsamoro Autonomy Act No. 46

BILL NO. 134

Republic of the Philippines

BANGSAMORO TRANSITION AUTHORITY PARLIAMENT Bangsamoro Autonomous Region in Muslim Mindanao

Bangsamoro Government Center, Cotabato City

BANGSAMORO TRANSITION AUTHORITY

(SECOND REGULAR SESSION)

BANGSAMORO AUTONOMY ACT NO.46

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

CREATING THE MUNICIPALITY OF MALIDEGAO. AN ACT

APPROPRIATING 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. tax 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 Balungis, Batulawan, Fort Pikit, Gokotan, Nabundas, Nalapaan, and Nunguan, all belonging to the Municipality of Pikit, North Cotabato, which petitioned and voted to be included in the Bangsamoro Autonomous Region in Muslim Mindanao in the 2019 plebiscite, are hereby separated from the said municipality, and are constituted into a distinct and independent municipality to be known as the Municipality of Malidegao, Special Geographic Area of the Bangsamoro Autonomous Region in Muslim Mindanao .

SEC. 3. Seat of Government. -- The seat of government of the Municipality of Malidegao shall be established in Barangay Fort Pikit.

SEC. 4. Territorial Boundary. -- The territorial boundary of the new Municipality of Malidegao shall follow the existing boundaries of the constituent barangays as above enumerated.

SEC. 5. Plebiscite Requirement. -- The Municipality of Malidegao 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.

SEC. 6. Conduct of Plebiscite. -- The Commission on Elections, through the Bangsamoro Electoral Office, shall conduct and supervise the plebiscite. The expenses in holding the plebiscite shall

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be taken out of the current fiscal year appropriations of the Bangsamoro Government, subject to usual accounting and auditing rules and regulations.

members of the Sangguniang Bayan of the new municipality shall be appointed by the Chief Minister of the BARMM with due regard to representation of women of the Bangsamoro. They shall continue SEC. 7. Appointment of Municipal Officials. -- The first mayor, vice-mayor, and the eight (8)

to hold office until their successors shall have been elected in the next general elections for local

remaining terms of their elective offices in the said mother municipality. officials, and shall have qualified: Provided, That the incumbent elective members of the Sangguniang Bayan of the Municipality of Pikit who are actual residents of the new municipality shall serve the

Bangsamoro Government shall appropriate and provide financial assistance for the administration and SEC. 8. Financial Assistance Pending Entitlement to National Tax Allotment. - The

operation of the Municipal Government of Malidegao every month until such time as the new municipality shall have been allocated its share in the national tax allotment, subject to usual accounting and auditing rules and regulations.

or contrary to the provisions of Republic Act No. 11054 or the Bangsamoro Organic Law, the rest of SEC. 9. Separability Clause. -- If, for any cause, any part of this Act is declared unconstitutional

the provisions hereof which are not affected shall remain in full force and effect.

SEC. 10. Repealing Clause. -- All laws, decrees, executive orders, or regulations or any part thereof which may be contrary or inconsistent to this Act are hereby repealed, amended, modified or altered accordingly.

SEC. 11. Effectivity. -- This Act shall take effect after fifteen (15) days from its publication in the Bangsamoro Gazette or in one (1) newspaper of regional circulation.

TTY. PANGALIAN M. BALINDONG Speaker

This Act was passed by the Bangsamoro Parliament on Safar 1. 1445/August 7,2023

C PROH RA/BYSANQKAL Ifehera

APPROVED:

AHOD BALAWAG EBRAHIM

Date: 0 Chief Minister SEP 2023

XXX

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Appendix. Map of the Municipality of Malidegao.

POLITICAL BOUNDARY MAP WE

MUNICIPALITY OF MALMAR

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PREPARED BY: Recommending Approval:

ROBERT M. ABELLON ENGKMISUARI B.MACAMIMIS AMM

Geodetic Engineer Chief Of Party Chfef, Regional Survey Mivision

APPROVED:

ESHAN KARL O. MABANG AKMAB A.BRAHIM

Director II, LMS C Minister

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