UNIT III
THE CREATION OF
LOCAL GOVERNMENT UNITS
Introduction
Unit 3 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.
Objectives of the Unit
At the end of the third unit, you should be able to:
 State the provision of the Code on the creation, division, merger,
abolition or substantial alteration of the boundaries of LGUs;
 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;
 Identify the procedure for creation of each LGU;
 Determine the beginning of the corporate existence of LGUs;
and
Suggested Timeframe:
5 hours
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Lesson 1. Authority to Create LGUs, General Requirements
and Corporate Existence of LGUs
Lesson 1 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.
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.
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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.
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
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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 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
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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 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 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.
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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:

barangays within the city upon the recommendation of the barangays
concerned;

city roads, avenues, boulevards, thoroughfares, and bridges;

city hospitals, health centers, and other health facilities;

public elementary, secondary and vocational or technical schools and
community and non-chartered colleges ;and

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
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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, postsecondary 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 oftener 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.
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Lesson 2. Specific Requirements for the Creation,
Division, Merger and Abolition of LGUs
Lesson 2 Objectives
At the end of this lesson, the student should be able to:
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
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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 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
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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 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.
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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).
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)).
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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 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.).
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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;
(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:
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
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 highlyurbanized 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).
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Provinces
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
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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;
(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.
(ii)
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.
41
Activity 1
Prepare a mock petition proposing to create a barangay to be
submitted to the Sangguniang Panlalawigan or Sangguniang Panlungsod, as
the case may be.
Prepare to discuss the petition in the class.
Activity 2
Develop a matrix summarizing the requirements for the creation of
LGUs. The left side of the matrix should indicate the LGUs (barangay,
municipality, city and province). Opposite the LGUs, on the right side,
should be written the requirements as to population, land area, and income.
Submit the matrix to your tutor/instructor for evaluation. Prepare
to present/discuss it in the class.
Unit Summary
After completing this unit, you have already familiarized yourself with
the legal basis and the general and specific requirements for the creation,
division, merger, abolition or substantial alteration of the boundaries of local
governments.
The next unit will discuss the powers exercised by LGUs and the
attributes they possess.