Cabadbaran City

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Cabadbaran, officially the City of Cabadbaran, (Cebuano: Dakbayan sa Cabadbaran), or

simply known as Cabadbaran City, is a 6th class city and capital of the province of Agusan
del Norte, Philippines. According to the 2015 census, it has a population of 73,639 people. [3]
Founded in 1894, the city rose from its Spanish period beginnings to become the premier
town of Agusan del Norte. Its rich cultural heritage is evident in its preserved colonial period
houses and its archaeological collections.

On August 16, 2000, the seat of provincial government was transferred from Butuan to
Cabadbaran through Republic Act 8811,[4]although the provincial government still holds office
in Butuan City, pending the actual transfer of provincial offices to the new capital.
Cabadbaran was officially declared a city in 2007.

Climate[edit]
The city belongs to the Second Climatic Type of the Corona Classification. No definite dry
season in the place and maximum rainfall occurs from October to January. The average
rainfall is 171.29 millimetres (6.744 in) per month, average annual temperature 28 °C (82 °F).

History[edit]
Spanish period[edit]
Traces of 12th century villages can be found near the waterways that pass through the
territory of Cabadbaran. No records are found before the Spanish colonization except for a site
in Sanghan where Chinese ceramics from 15th to 16th century were found.

Cabadbaran was first mentioned by the Spanish as a small village chosen by the Spanish
authorities to be turned into a reduction called "La Reunion de Cabarbaran" in 1867. The
reduction was mostly populated by people from Southern Agusan. Then in 1879, the reduction
was disbanded. The inhabitants of the reduction went back to their places of origin while the
remaining migrated to Tubay.

In 1880-1881, the reduction was revived by Father Saturnino Urios, but was named Tolosa to
honor Father Urios' hometown in Spain. In 1880, Tolosa was headed by the Teniente del Barrio
Don Eduardo Curato. He petitioned to the Spanish authorities for the township application of
Tolosa to be approved. In January 31, 1894, the petition was approved. The population and
the economy grew, which was driven by agriculture and commerce. But the growth suddenly
came to a halt when the revolution against Spain started. No significant turmoil affected the
city until the coming of the American forces in 1901. [5]

American period[edit]
When the Americans arrived, Spanish forces were forced to surrender. Included with them was
Capt. Andres Atega. Under the Americans, the town was called again as Cabadbaran
(according to Don Andres Atega's proposal).

In 1903, the public education system was established with George Bohner as the first
American teacher. Public health also improved when Dr. Pedro Malbas was appointed as the
Public Health Officer in the 1920s and constructed sanitary toilets, deep wells and drainage
canals. Public infrastructure was also improved by the Americans.
Then in the 1935 Constitutional Convention, Apolonio "Oyok" Curato, a lawyer, represented
Agusan. He then became the Governor and Congressman of the province of Agusan.

The local economy grew when it started producing abaca from coconut plantations
established by the Americans. Rice was also grown and remained as staple crop grown in the
fields up to this day. The Agusan-Surigao road opened in the 1930s and several bus lines
started public service along this route.[5]

World War II[edit]


Cabadbaran had been occupied at one time by those resisting the Japanese occupation
of Mindanao.[6] Eventually the Japanese occupied it. On January 17, 1945, combined American
and Filipino troops including recognized guerrillas fought a force of Japanese troops on the
road between Cabadbaran and Butuan. The Japanese were in the process of reinforcing their
garrison at Butuan. The guerrillas retreated when Japanese reinforcements arrived. The
guerrillas also had depleted their ammunition.[7]
On March 31, 1945, Major Juan Rivera and a guerrilla detachment attacked the Japanese at
Cabadbaran; the Japanese abandoned the post after an hour-long battle. [8]
The general headquarters of the Philippine Commonwealth Army and Philippine
Constabulary was active on 1945 to 1946 in Cabadbaran during and aftermath of World War
II.

Cityhood[edit]
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, Cabadbaran 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 9434) which had allowed the town to acquire
its city status.[9] The Supreme Court ruled that they did not pass the requirements for
cityhood.[10][11]
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." [12] 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.[13]
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.[14]
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.[13] 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.
[14]

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.

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