PA 207- LOCAL AND REGIONAL GOVERNANCE

Bachelor in Public Administration

MODULE 3
THE CREATION OF LOCAL GOVERNMENT UNITS

This unit presents the general and specific requirements prescribed by the Code for the creation of
LGUs. It also identifies the source of the authority to create LGUs.

At the end of this module, you should be able to:

1. State the provision of the Code on the creation, division, merger, abolition or substantial alteration
of boundaries of LGUs;
2. Understand the general and specific requirements for the creation, division, merger, abolition or
substantial alteration of boundaries of LGUs and the source of authority for such;
3. Identify the procedure for creation of each LGU; and
4. Determine the beginning of the corporate existence of LGUs.

LESSON 1
Authority to Create LGUs, General Requirements
and Corporate Existence of LGUs

Objectives

At the end of this lesson the student should be able to:

1. Recite the codal provision providing authority to create, divide, merge or abolish local government
units;
2. Summarize the general and specific requirements; and

3. Recite the beginning of the corporate existence of LGUs.

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Authority to Create Local Government Units
The Local Government Code (Sec. 6, Book I) provides that

“A local government unit may be created, divided, merged,

abolished, or its boundaries substantially altered either by law enacted by
Congress in the case of a province, city, municipality, or any other
political subdivision, or by ordinance passed by the sangguniang
panlalawigan or sangguniang panlungsod concerned in the case of
barangay located within its territorial jurisdiction, subject to such
limitations and requirements prescribed in the Code.”

From the foregoing provision of the Code, it is clear that a province, city, municipality, or any other
political subdivision or unit may be created, divided, merged, abolished, or its boundaries substantially
altered only by a law passed by Congress. In the same vein, the creation, division, merger, abolition, or
substantial alteration of the boundaries of a barangay may be effected through an ordinance of the
sangguniang panlalawigan or sangguniang panlungsod in the case of the barangay located within its
territorial jurisdiction subject to the limitations and requirements prescribed in Book III of the Code.
However, Congress may create barangays in indigenous cultural communities to enhance and speed up the
delivery of services in these areas regardless of the population of the same. It may also create barangays
within the Metropolitan Manila Area.
The phrase “any other political subdivision” refers to the Autonomous Region of Muslim Mindanao
and the Cordillera Administrative Region, as defined in Art. X of the Constitution of the Philippines, and
other political subdivisions that may be created later aside from barangays.

General Requirements for the Creation, Conversion, Division, Merger and Abolition of LGUs

Creation and Conversion

The Code (Sec. 7, Chapter 2) lays down the general rule on the creation of a local government unit
or its conversion from one level to another. It provides that the creation of a local government or its elevation
from one level to another shall be based on verifiable indicators of viability and projected capacity to
provide services, namely:
1. Income, which must be sufficient or enough based on acceptable standards, to provide for
essential government service and special functions commensurate to the size of its population. The income
will be based on 1991 constant prices.

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2. Population, which is the total number of inhabitants within the territorial jurisdiction of the local
government unit concerned; and
3. Land area, which must be contiguous unless it comprises two or more islands or is separated by
a local government unit independent of the others; properly identified by metes and bounds with technical
descriptions or by more or less natural boundaries and sufficient to provide for such basic services and
facilities to meet the requirements of its populace (Sec. 7 (a, b, and c), LGC).

● The Secretary of the Department of Finance (DOF) will attest to the compliance with
the income requirement in the case of provinces and cities, and the provincial treasurer
in the case of municipalities.
● As to the population requirement, the Administrator of the National Statistics Office
(NSO) is the certifying officer,
● while the Director of the Lands Management Bureau (LMB) of the Department of
Environment and Natural resources (DENR) certifies compliance with the land area
requirement.

Division and Merger

The requirements for the division or merger of local government units are the same as the
requirements for their creation. However, such division shall not reduce the income, population, and land
area of the local government unit or units affected to less or lower than the minimum requirements for the
existence of local government units provided in the Code. The income classification of the original or
another local government unit or units shall not be below its current income classification prior to such
division (Sec. 8, LGC). The Code mandates the updating of the income classification of local government
units within six (6) months from the date of its effectivity to reflect the changes in their financial
condition (Ibid.).

Abolition
When the income, population, or land area of a local government unit has been irreversibly reduced
to less than the minimum standards prescribed for its creation under Book III of the Code, as certified by
the national government agencies mentioned in Section 7 hereof to the Congress of the Philippines or to
the sanggunian concerned, as the case may be, so much so that its viability and capacity to provide services
is in serious doubt, the local government unit may be abolished (Sec. 9, LGC). A local government created
through a legislative enactment of Congress or through an ordinance of the sangguniang panlalawigan or

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panlungsod, as the case may be, can only be abolished by a similar act of Congress or the appropriate
sanggunian.

In such a law or ordinance, where applicable, abolishing a local government unit shall clearly
specify the local government unit to which the local government unit sought to be abolished will be
attached, merged, or incorporated (Ibid.).

Plebiscite Requirement
The creation, division, merger, abolition, or substantial alteration of boundaries of local
government units will take effect only if approved in a plebiscite. Sec. 10 of the Code provides that “No
creation, division, merger, abolition, or substantial alteration of boundaries of local government units shall
take effect unless approved by a majority of the votes cast in a plebiscite called for the purpose in the
political unit or units directly affected.”

Under the supervision of the COMELEC, the plebiscite is to be held within 120 days from the
date of the effectivity of the law or ordinance authorizing such action, unless a different date is fixed
by said law or ordinance (Ibid.). It is the duty of the COMELEC to conduct an intensified information
campaign in the LGUs affected or concerned at least twenty days before the plebiscite in the case of
provinces, cities, and municipalities, and ten days, in case of barangays.

Beginning of the Corporate Existence

of Local Government Units
When does the existence of a local government unit as a corporation begin? As a general rule, the
corporate existence of a local government unit commences upon the election and qualification of its chief
executive and a majority of the members of its sanggunian. However, some other time may be set by
the law or ordinance creating it. The Code requires both the election and qualification of its chief executive
and the majority of its sanggunian for the existence of a local government unit could be discerned from the
use of the conjunction “and”. Section 14 of the Code provides that “when a new local government unit is
created, its corporate existence shall commence upon the election and qualification of its chief executive
and a majority of the members of its sanggunian.” This provision is logical because no local government
unit can hope to exercise its powers and discharge the functions concomitant to its creation as a corporate
entity effectively without its chief executive and majority of the members of its sanggunian having been
elected and have qualified. The position of local chief executive and member of sanggunian are the two
most critical offices in a local government for the local chief provides direction and leadership in the

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execution of programs and policies while the sanggunian is the chief legislative and policy-making body of
the local government units without whom no policies could be formulated and no programs, crystallized.

Selection and Transfer of Seat of Local Government

The seat of government, which must be specified by the law or ordinance creating or merging local
government units, is the center point of delivery of services, governmental or corporate, to the people.
Selection of the site is based on factors of geographical centrality, accessibility, availability of
transportation and communication facilities, drainage and sanitation, and development and economic
progress. The seat of government may be transferred to a better site within the territory of the local
government unit by two-thirds vote of all members of its sanggunian after public hearing.

Establishment of Local Government Center

Local government units should strive to establish a government center. In the center should be
located offices, agencies or branches of the National Government, local government units, and government-
owned or controlled corporations. The designation of the center should take into consideration existing
facilities and local government offices.

Naming of Local Government Units and Other Public Places, Streets and Structures
Pursuant to the Code (Sec. 13) the sangguniang panlalawigan, after consultation with the Philippine
Historical Institute (PHI) should change the name of the following within its territorial boundaries:
1. component cities and municipalities, upon the recommendation of the sanggunian
concerned;
2. provincial roads, avenues, boulevards, thoroughfares, and bridges;
3. public vocational or technical schools and other post-secondary and tertiary schools;
4. provincial hospitals, health centers, and other health facilities; and
5. any other place, building, or structure owned by the provincial government.

Highly-urbanized cities and component cities whose charters or the laws creating them do not allow
their voters to vote for provincial elective officials, through their sanggunians and in consultation with the
PHI may change the name of the following within the limits of their territorial boundaries:
1. barangays within the city upon the recommendation of the barangays concerned;
2. city roads, avenues, boulevards, thoroughfares, and bridges;
3. city hospitals, health centers, and other health facilities;

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4. public elementary, secondary and vocational or technical schools and community and non-
chartered colleges ;and
5. any other place, building, or structure owned by the city government.

In consultation with the PHI, sanggunians of component cities and municipalities may change the
name of the following within the boundaries of their territorial jurisdiction:
1. barangays of the city or municipality upon the recommendation of the affected barangay;
2. city, municipal and barangay roads, avenues, boulevards, thoroughfares, and bridges;
3. city and municipal public elementary, secondary and vocational or technical schools, post-
secondary and other tertiary schools;
4. city and municipal hospitals, health centers and other health facilities; and
5. any other public place, building, or structure owned by the city or municipal government.

Rules
Rules on the naming of or changing of the name of local government units, and places are
prescribed by the Code (Sec. 13 pars. d, e, f, g, and h), namely:

⮚ No local government unit, institution, place, building, or structure may be named after a living
person.

⮚ No change of name may be made except for a justifiable reason.

⮚ Any change in name may not be made often or more frequent than once every ten (10) years.

⮚ A change of name of public school may be effected or made only upon the recommendation of the
local school board concerned.

⮚ A change of name of public hospitals, health centers, and other health facilities shall be made only
upon the recommendation of the local health board concerned.

⮚ The Office of the President, the representative of the legislative district concerned, and the Bureau
of Posts shall be notified of any change of name.

LESSON 2
Specific Requirements for the Creation, Division, Merger and Abolition of LGUs

Objectives
At the end of this lesson the student should be able to:

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1. Enumerate the specific requirements for the creation, division, merger and abolition of barangays,
municipalities, cities and provinces; and

2. Familiarize himself with the steps in the creation, division, merger and abolition of barangays,
municipalities, cities and provinces.

Barangays

The Code provides that “A barangay may be created, divided, merged, abolished, or its boundaries
substantially altered, by law or an ordinance of the sangguniang panlalawigan or sangguniang
panlungsod… In the case of the creation of barangays by the sangguniang panlalawigan, the
recommendation of the sangguniang bayan concerned shall be necessary” (Sec. 385).
Strictly speaking, the measures passed by the sangguniang panlalawigan and sangguniang
panlungsod go by the nomenclatures ordinance/resolution, whereas, the enactments of the Congress are
termed law, statute or act. Therefore, the interpretation that Sec. 385 allows the creation by the sangguniang
panlalawigan or the sangguniang panlungsod of a barangay by law is incorrect. The sangguniang
panlalawigan or sangguniang panlungsod can only create a local government unit through an ordinance.
That the foregoing is the intent of the law is supported by Art. 6 of the Code which clearly states that “A
local government unit may be created or its boundaries substantially altered either by law enacted by
Congress in the case of province, city, municipality, or by ordinance passed by the sangguniang
panlalawigan or sanggunian panlungsod concerned in the case of a barangay . . .” Save the case of
barangays in indigenous cultural communities created by an act of Congress to “enhance the delivery of
basic services” to such communities as provided by Sec. 386, LGC, as cited earlier.
The creation, division, merger, abolition, or substantial alteration of the boundaries of a barangay
must be approved by a majority of the votes, not majority of all voters, cast in a plebiscite called for the
purpose by the COMELEC in the local government unit, if there is only one LGU affected, or units, if there
is more than one LGU directly affected. Generally, the plebiscite is to be conducted within 120 days from
the date the ordinance effecting or proposing to effect the creation of a new barangay, unless, a different
date is set by the ordinance (Sec. 385, LGC). The recommendation of the sangguniang bayan concerned is
necessary in the case of the creation of a barangay by the sangguniang panlalawigan (Ibid.).

Requisites
There are two requisites for the creation of a barangay, namely: territory and population. Sec.
386, Book III of the Code requires the territory of a new barangay to be contiguous. Both the 1987 and
1973 Constitutions of the Philippines require local government units to have contiguous, compact and

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adjacent territory. If, however, the new barangay comprises two (2) or more islands, its territory need not
be contiguous (Ibid.).
As regards its population, the requirement is 2,000 inhabitants, as certified by the NSO. In cities
and municipalities within Metro Manila and other metropolitan political subdivisions or in highly urbanized
cities, a population of 5,000 inhabitants is necessary (Ibid.). But the creation of a new barangay shall not
in any way or manner reduce the population of the original barangay or barangays to less than the minimum
requirement as prescribed in the Code: 5,000 inhabitants in the case of barangays in cities and municipalities
within Metro Manila and other metropolitan political subdivisions, or in highly urbanized cities and 2,000
inhabitants in the case of other territories (Ibid.).
The provincial governor and city mayor may prepare their plans for the consolidation of barangays
within their territorial jurisdiction based on aforecited criteria. Such plans are, however, required to be
submitted to the sanggunian concerned for appropriate action. In municipalities and cities in Metro Manila
and in other metropolitan political subdivisions, the barangay consolidation plan will be prepared and
approved by the sanggunian concerned (Ibid., par. c ).

Procedure for Creation

The creation of barangays follows the procedure outlined in the IRR (Par. e, Sec. 14). Said
procedure involves seven steps, namely: preparation of written petition, submission of documents to support
the petition, submission of comments on petition, taking of action on petition, submission of ordinance to
COMELEC, conduct of information campaign, and submission of plebiscite results.
a) Preparation of petition. The creation of a barangay begins with the preparation of the written
petition of a majority of the voters of the area proposed to be created or resolutions of the barangays sought
to be merged. The petitioner resolution shall then be presented to the sangguniang panlalawigan, upon the
recommendation of the sangguniang bayan concerned, or to the sangguniang panlungsod, for consideration
and appropriate action.
b) Submission of documents to support petition. A certification by NSO as to the population of
the barangay proposed to be created and that the population of the original barangay or barangays shall not
be reduced to less than the required minimum as a result of its creation and a map of original barangay or
barangays indicating the areas to be created into a new barangay and technical descriptions certified by
LMB or city or municipal assessor shall be submitted to support the petition or resolution.
c) Submission of comments on petition. The sangguniang barangay of the original barangay or
barangays shall submit comments on the barangay proposed to be created within twenty days after receiving
such petition or resolution as required by the presiding officer of the sangguniang bayan. The comments

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will serve as basis of the sangguniang bayan in recommending appropriate action to the sangguniang
panlalawigan.
d) Action on petition. Action may be a grant or denial of the petition or resolution. The action of
the sangguniang panlalawigan or sangguniang panlungsod on the petition has to be made within fifteen
days from the date of submission with the supporting documents. The ordinance granting the petition
creating a barangay must be voted favorably by two-thirds of all the members of the sangguniang
panlalawigan or sangguniang panlungsod. The ordinance shall identify the territorial jurisdiction of the new
barangay by metes and bounds or by natural boundaries. Likewise, the ordinance shall fix the date of the
plebiscite to ratify the creation of the new barangay. A denial of the resolution shall be contained in a
resolution stating explicitly and clearly the reasons for the denial.
e) Submission of ordinance to the COMELEC. The secretary to the sangguniang panlalawigan or
sangguniang panlungsod is required to submit to the COMELEC a signed official copy of the ordinance
creating the barangay within thirty days before the scheduled plebiscite.
f) Information campaign. An intensive information campaign in the local government units
affected or concerned shall be conducted by the COMELEC at least ten days before the plebiscite.
g) Submission of plebiscite results. The city or municipality concerned shall submit to the
COMELEC and central office of DILG the Certificates of Canvass of Votes Cast, Statement of Negative
and Affirmative Votes Cast in every voting center or precinct as well as the ordinance creating the barangay
at least seven days after the plebiscite. These documents shall be included in or form part of the Official
Masterlist of Barangays.

Municipalities

Subject to the provisions of Sec. 6 of the Code, a municipality may be created if it has the following
requirements, namely:
● An average annual income of at least P2,500,000.00 for at least two consecutive years based on
1991 constant prices as certified by the provincial treasurer, including the income accruing to the
general fund, but excluding special funds, transfers and non-recurring income.
● A population of at least 25,000 inhabitants as certified by the NSO; and
● Contiguous territory of at least 50 square kilometers as certified by the LMB. Where the
municipality proposed to be created is composed one or more islands, aforecited requirement on
contiguity of territory and the size of the land area are waived (Sec. 442 (a, b, and c), LGC).

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To safeguard the political integrity of already existing political subdivisions and to discourage
unnecessary raids upon the territories of local government units, the Code provides that in no case should
the creation of a new municipality reduce the land area, population or income of the original municipality
or municipalities at the time of the creation to less than the minimum requirements prescribed in the Code
(Ibid., par. b.).
Municipalities already created and existing at the time of the effectivity of the Code in 1991 are
guaranteed by the Code to exist and operate as such, while municipal districts which have elected their
respective set of municipal officials on same date are considered as regular municipalities by contemplation
of law (Ibid., par. d.).

Procedure for creation

The creation of municipalities goes through three steps, namely: crafting of petition, submission
of comments on petition, and production of documents to support petition. These steps are discussed briefly
below (Sec. 13 (b), (1-3)).
a) Crafting of petition. A petition, in the form of resolution, must be crafted and submitted by the
sanggunians of interested barangays petitioning the creation of a new municipality to Congress. The
sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan concerned must also be
furnished with copies of the petition.

b) Submission of comments on petition to Congress. The sangguniang panlungsod or sangguniang

bayan and the sangguniang panlalawigan must submit their comments to Congress on the petition for the
creation of a municipality.
c) Production of documents to support petition. The following documents shall accompany the
petition for creation: a certification by the provincial treasurer, in the case of municipalities and
component cities, and the city treasurer, in the case of highly-urbanized cities, as to compliance to
the average annual requirement of the proposed municipality and that its creation will not reduce
the income of the original local government unit or units to lower than the required minimum;
certification by the NSO as to its compliance to the population requirement; a certification by the
LMB that the proposed municipality meets the minimum land area requirement; map of the original
local government unit or units specifically indicating the areas to be created into a municipality;
certification by LMB of the availability of disposable and alienable lands of the public domain in the
area to be created into a municipality enough to meet its growing population; a certification by NSO
on the number and nature of existing industrial and commercial establishments in the area;
certification by LWUA or MWSS of sources of potable water supply for the inhabitants of the

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municipality to be created; and other relevant information deemed relevant for the consideration of
the petition.

Cities
A municipality or a cluster or group of barangays may be converted into a component city if it has
an average annual income of at least twenty million pesos for the last two consecutive years based on 1991
constant prices, as certified by the DOF and either a contiguous territory of at least 100 square kilometers,
as certified the LMB, or a population of not less than 150,000 inhabitants (Sec. 450, (a), (i) and (ii). This
means that a city can be fashioned out of a municipality or an aggregate of barangays with an income of
P20,000,000.00 as defined herein and either of the last two requisites: a population of 150,000 inhabitants
or land area (100 sq. kms.).

Procedure for Creation

The creation of cities proceeds from the submission of a petition to the submission of comments
on the petition and production and affixing of supporting documents (Art. II (b), 1-3).
a) Submission of petition. The procedure for creation begins with the submission of petition in
resolution form by interested municipalities or barangays to the Congress requesting for creation of a city.
Copies of the petition shall likewise be furnished the sangguniang panlalawigan or sangguniang panlungsod
of the local government units involved.

b) Submission of comments on petition. The sangguniang panlalawigan or sangguniang

panlungsod concerned shall submit to Congress its comments and recommendations on the petition for the
creation of a city.
c) Production of supporting documents. Supporting documents shall be attached to the petition.
These documents are:
(i) Certification by the DOF that the average annual income of the proposed city meets the
minimum income requirement and that its creation shall not reduce the income based on
1991 constant prices of the original LGU or LGUs to less than the prescribed minimum;
(ii) Certification by NSO as to population of the proposed city and that its creation shall not
reduce the population of the original LGUs to less than the prescribed minimum;
(iii) Certification by LMB that the land area of the proposed city meets the minimum land area
requirement and that its creation shall not reduce the land area of the original LGU or LGUs
to less than the prescribed minimum;

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(iv) Map of the original LGU or LGUs, indicating the areas to be created into a city. The map
shall be prepared by the provincial, city, or district engineer as the case may be and shall
clearly indicate the road network within the proposed city;
(v) Certification by LMB that disposable and alienable public lands are available in the area
to be created into a city sufficient to meet its growing population and the following
purposes:
● Government center site of not less than ten thousand (10,000) square meters which
shall include the city hall site and those of other government buildings;
● Market site of not less than ten thousand (10,000) square meters, located out of view
of the city hall, schools, plaza, and cemetery and near but not along a provincial road,
railroad station, navigable river, or sea;
● Plaza or park of not less than ten thousand (10,000) square meters located preferably
in front of the city hall;
● School site of not less than ten thousand (10,000) square meters, in well-drained
location that conforms with the requirements prescribed by public school authorities;
and
● Cemetery site of not less than five thousand (5,000) square meters for every ten
thousand (10,000) population which conforms with the requirements prescribed by the
health authorities.
(vi) Number and nature of existing and commercial establishments in the territory of the
proposed city as certified as NSO;
(vii) Sources of potable water supply for the inhabitants as certified by the Local Water Utilities
Administration (LWUA) or the Metropolitan Waterworks and Sewerage System (MWSS),
as the case may be;
(viii) Facilities, plans, and site for sewerage, garbage and waste disposal as certified by the local
engineer; and
(ix) Such other information that the petitioners may deem relevant for consideration in the
petition.
A component city shall be converted into a highly-urbanized city if the following requisites are
complied with: income and population. These requisites are explained below.
a) Income. The annual income of the component city must not be less than fifty million pesos
(P50,000,000.00) based on 1991 constant prices, as certified by city treasurer, including income accruing
to the general fund but excluding special funds, transfers, and non-recurring income.

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b) Population. A population of not less than two hundred thousand (200,000) inhabitants or people,
as certified by the NSO.

Procedure for Conversion

Conversion of a component city to a highly-urbanized city follows three steps, namely: drafting
and submission of resolution, declaration of conversion, and plebiscite.
a) Resolution. A resolution of component city seeking conversion into a highly-urbanized one shall
submit a resolution of its sanggunian adopted or approved by a majority of all its members in a session held
for the purpose and approved or concurred in by its city mayor to the Office of the President of the
Philippines. The resolution must be supported by certifications as to its compliance to the income and
population requirements.
b) Declaration of conversion. The President shall declare the component city as highly-urbanized
within thirty days from the time he received the resolution after ascertaining compliance with requirements
as to population and income.
c) Plebiscite. A plebiscite shall be conducted by the COMELEC in the city proposed to be
converted within 120 days from the declaration of the President or on a date stated or specified in the
declaration. A massive information campaign is to be conducted prior to the plebiscite to inform all
interested parties about the proposed conversion.
Subsequently, a component city that is converted into a highly-urbanized city makes it independent
of the province where it is geographically situated.

However, the required land area and contiguity of territory are waived if the city proposed to be
created is made of an island or group of islands (Ibid., par. b). Simply stated, if a city is to be created out of
an island or group of islands, the size of that island or group of islands which will constitute the territory of
the proposed city need not be contiguous or compact, as islands are disparate, and may be smaller than 100
sq. kms. in size.
Similarly, there is still the common requirement that the creation of the new city shall not reduce
the land area, population, and income of the original unit or units affected by such creation to less than the
minimum requirements as prescribed in the Code, namely: land area of 100 sq. kms.; population of 150,000
inhabitants and an income of P20,000,000.00 (Ibid., par. ii).

Provinces

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Only an enactment of Congress can create, merge, abolish, or substantially alter the boundaries of
a province and subject to approval by a majority of the votes cast in a plebiscite called for the purpose
conducted by the COMELEC in the local government unit or units directly affected. The plebiscite shall be
held within 120 days from the date of effectivity of the Act creating it, unless a different date is set in said
Act (Sec. 460, LGC).
The Code (Sec. 461) enumerates the requisites for the creation of a province, as follows:
1. An average annual income of at least P20,000,000.00 based on 1991 constant prices as certified
by the DOF; and
2. Contiguous territory of at least 2,000 sq. kms. as certified by the LMB or a population of at least
250,000 inhabitants as certified by the National Statistics Office (NSO).
The territory need not be contiguous if it is comprise of two or more islands or if it is separated by
a chartered city or cities which do not contribute to the income of the province. The average annual income
shall include the income accruing to the general fund, exclusive of special funds, trust funds, transfers, and
non-recurring income.
What happens to sub-provinces existing at the time of the approval of the Code? Existing sub-
provinces are converted into regular provinces as the Code ordains in Sec. 462 thereof subject to approval
by a majority of the votes cast in a plebiscite to be held in said areas (sub-provinces) and original provinces
directly affected and is conducted by the COMELEC simultaneously with the national elections following
the effectivity of the Code in 1991.

Procedure for Creation

The procedure for the creation of provinces involves the following steps:
⮙ Petition – Interested municipalities or component cities shall submit the petition, in the form
of a resolution, of their respective sanggunians requesting the creation of a new province to the
Congress, and furnish copies thereof to the sangguniang panlalawigan of the original province
or provinces.
⮙ Comments on petition – The sangguniang panlalawigan of the original province or provinces
shall submit to the Congress its comments and recommendations on the petition for creation of
the proposed province.
⮙ Documents to support petition – The following documents shall be attached to the petition for
creation:
(i) Certification by the DOF that the average annual income of the proposed province meets
the minimum income requirement and that its creation will not reduce the income, based
on 1991 constant prices of the original LGU or LGUs to less than the prescribed minimum;

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PA 207- LOCAL AND REGIONAL GOVERNANCE
Bachelor in Public Administration
(ii) Certification by NSO as to population of the proposed province and that its creation will
not reduce the population of the original LGUs to less than the prescribed minimum;
(iii) Certification by LMB that the land area of the proposed province meets the minimum land
area requirement and that its creation will not reduce the land area of the original LGU or
LGUs to less than the prescribed minimum;
(iv) Map of the original LGU or LGUs, indicating the areas to be created into a province. The
map is to be prepared by the provincial, city, or district engineer clearly indicating the road
network within the proposed province; and
(v) Such other information that the petitioners may deem relevant for consideration in the
petition.
All costs incurred in the production of the required documents shall be borne by the petitioning
LGUs.
⮙ Plebiscite
(i) Upon the effectivity of the law creating a province, the COMELEC shall conduct a
plebiscite in the LGU or LGUs directly affected within one hundred twenty (120) days or
within the period specified in the law.
The COMELEC shall conduct an intensive information campaign in the LGUs concerned at least
twenty (20) days prior to the plebiscite. For this purpose, the COMELEC may seek the assistance of national
and local government officials, mass media, NGOs, and other interested parties.

1. Prepare a petition proposing to create a barangay to be submitted to the Sangguniang Panlalawigan

or Sangguniang Panlunsod, as the case may be. Prepare to discuss the petition in the class.

Develop a matrix summarizing the requirements for the creation of LGUs. The left side of the matrix should
indicate the LGUs (barangay, municipality, city or province). on the right side, should be written the
requirements as to populations, land area, and income (30 points).

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PA 207- LOCAL AND REGIONAL GOVERNANCE
Bachelor in Public Administration

https://www.officialgazette.gov.ph/downloads/1991/10oct/19911010-RA-7160-CCA.pdf

Batangas State University

Pablo Borbon Campus