HISTORY OF BAYUGAN

The name "Bayugan" is a Manobo term for pathway, since then the natives called the place, Bayugan. Another version states that "bayug" trees grew abundantly in this place. It was also believed that the natives used to make this place their meeting spot and that the means of gathering the inhabitants was by knocking on a hollow piece of wood which they termed as the "bayug."

History[edit]

Bayugan was formerly a sitio of Barangay Maygatasan, Esperanza. Several versions abound on how the sitio got its name. First, the place was located along the river which served as the pathway of the natives in going to Esperanza.

In 1942, Japanese troops entered Bayugan.

In 1945, the town of Bayugan in Southern Agusan was liberated by Filipino soldiers and guerrillas from the Japanese forces occupying the town.

In 1948, the Department of Public Works and Highways conducted a survey for a national highway that would connect Butuan with Davao City. Simultaneously, the Bureau of Lands surveyed the places that would be traversed by the proposed road. Possible town sites were identified and among them was Barangay Maygatasan. However, the National highway passed through the sitio of Bayugan instead of Barangay Maygatasan. Migrants started settling in the sitio of Bayugan, thus, prompting the transfer of the proposed town site.

In the early part of 1960, the inhabitants led by Mr. Jose Joson passed a resolution creating the sitio of Bayugan into a regular barrio. In April of that year, Barangay Bayugan was inaugurated with Joson as the Teniente del Barrio. Brought about by the construction of the National Highway which traversed the place, business activity sprouted rapidly in the area.

A year later, barangay officials led by the late Sergio Mullaneda worked out the creation of Bayugan into a regular municipality through the assistance of Governor Democrito O. Plaza, Governor of Agusan. By virtue of Executive Order No. 440 of the late President Carlos P. Garcia, the petition to create the municipality of Bayugan was granted on August 6, 1961. Mr. Mullaneda, the first appointed Municipal Mayor of Bayugan assumed into office on August 6, 1962 during the term of President Diosdado Macapagal. In the year 2007 Bayugan was converted to a city.

Bayugan is a transportation highway nexus for the eastern part of Mindanao Island. Bayugan is now one if not the fastest growing component city in Northern Mindanao.

Cityhood[edit]

Barangay Poblacion is the city proper of Bayugan.

During the 11th Congress (1998–2001), Congress enacted into law 33 bills converting 33 municipalities into cities. However, Congress did not act on a further 24 bills converting 24 other municipalities into cities.

During the 12th Congress (2001–2004), Congress enacted into law Republic Act No. 9009 (RA 9009), which took effect on 30 June 2001. RA 9009 amended Section 450 of the Local Government Code by increasing the annual income requirement for conversion of a municipality into a city from ₱20 million to ₱100 million. The rationale for the amendment was to restrain, in the words of Senator Aquilino Pimentel, "the mad rush" of municipalities to convert into cities solely to secure a larger share in the Internal Revenue Allotment despite the fact that they are incapable of fiscal independence.

After RA 9009 went into effect, the House of Representatives of the 12th Congress adopted Joint Resolution No. 29, which sought to exempt from the ₱100 million income requirement in RA 9009 the 24 municipalities whose cityhood bills were not approved in the 11th Congress. However, the 12th Congress ended without the Senate having approved Joint Resolution No. 29.

During the 13th Congress (2004–2007), the House of Representatives re-adopted former Joint Resolution No. 29 as Joint Resolution No. 1 and forwarded it to the Senate for approval. However, the Senate again failed to approve the Joint Resolution. Following the suggestion of Senator Aquilino Pimentel (Senate President), 16 municipalities filed, through their respective sponsors, individual cityhood bills. The 16 cityhood bills each contained a common provision exempting it from the ₱100 million income requirement of RA 9009 –

"Exemption from Republic Act No. 9009. — The City of x x x shall be exempted from the income requirement prescribed under Republic Act No. 9009."

On 22 December 2006, the House of Representatives approved the cityhood bills. The Senate also approved the cityhood bills in February 2007, except that of Naga, Cebu which was passed on 7 June 2007. These cityhood bills lapsed into law on various dates from March to July 2007 after President Gloria Macapagal-Arroyo failed to sign them.

The point of law at issue in 2007 was whether there had been a breach of Section 10, Article X of the 1987 Constitution, which provides –

No province, city, municipality, or barangay shall be created, divided, merged, abolished or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.

– and in each case the established criteria were far from met.

In November 2008, Bayugan and 15 other cities lost their cityhood after the Supreme Court of the Philippines granted a petition filed by the League of Cities of the Philippines, and declared unconstitutional the cityhood law (RA 9405) which had allowed the town to acquire its city status.^[4] The Supreme Court ruled that they did not pass the requirements for cityhood.^[5][6]

On 10 December 2008, the 16 cities affected acting together filed a motion for reconsideration with the Supreme Court. More than a year later, on 22 December 2009, acting on said appeal, the Court reversed its earlier ruling as it ruled that "at the end of the day, the passage of the amendatory law" (regarding the criteria for cityhood as set by Congress) "is no different from the enactment of a law, i.e., the cityhood laws specifically exempting a particular political subdivision from the criteria earlier mentioned. Congress, in enacting the exempting law/s, effectively decreased the already codified indicators."^[7] Accordingly cityhood status was restored.

But on 27 August 2010, the 16 cities lost their city status again, after the Supreme Court voted 7-6, with two justices not taking part, to reinstate the 2008 decision declaring as "unconstitutional" the Republic Acts that converted the 16 municipalities into cities. A previous law required towns aspiring to become cities to earn at least ₱100 million annually, which none of the 16 did.^[8]

On 15 February 2011, the Supreme Court made another volte-face and upheld for the third time the cityhood of 16 towns in the Philippines.^[9]

Finally, on 12 April 2011, the Supreme Court, in an en banc ruling delivered in Baguio City, affirmed the finality of the constitutionality of the 16 cityhood laws by resolving that:

We should not ever lose sight of the fact that the 16 cities covered by the Cityhood Laws not only had conversion bills pending during the 11th Congress, but have also complied with the requirements of the LGC prescribed prior to its amendment by R.A. No. 9009.^[8] Congress undeniably gave these cities all the considerations that justice and fair play demanded. Hence, this Court should do no less by stamping its imprimatur to the clear and unmistakable legislative intent and by duly recognizing the certain collective wisdom of Congress. WHEREFORE, the Ad Cautelam Motion for Reconsideration (of the Decision dated 15 February 2011) is denied with finality.^[9]

On 28 June 2011 the Supreme Court directed the Clerk of Court to issue the entry of judgment on the cityhood case of 16 municipalities.^[10] On July 24, 2006, congress approved R.A. 9405, an act converting the Municipality of Bayugan into a component city to be known as the City of Bayugan.

But in 2008, the Supreme Court of the Philippines declared the law unconstitutional. The court ruled that Bayugan, along with the other fifteen cities covered by the law did not meet the requirements for cityhood.

More than a year later, on December 22, 2009, acting favorably on the appeal of the sixteen affected cities, the Supreme Court reversed its earlier ruling. It deemed that the passage of the amendatory law regarding the criteria for cityhood as set by Congress specifically exempting a particular political subdivision therefrom was constitutional. The court further ruled that congress, in enacting the exempting law, effectively decreased the already codified indicators. As such, the cityhood status of Bayugan, and the rest of the fifteen local government units was restored.

But again on August 24, 2010, in a 16-page resolution, the Supreme Court reinstated its November 18, 2008 decision striking down the constitutionality of Republic Act 9405. Voting 7-6, with two justices abstaining, the SC reinstated its decision declaring RA 9405 as unconstitutional.

However, in another twist of fate for Bayugan, the Supreme Court once again upheld for the 3rd time and final time the constitutionality of RA 9405 on February 17, 2011, thereby finalizing the cityhood of Bayugan and the other fifteen LGUs affected by the law. On July 3, 2011, the Supreme Court ordered its Clerk of Court to issue an entry of judgment on the cityhood case, sealing with finality the constitutionality of the law. ^{[11] Copy from Google Wiki...}