ARTICLE 9. Provinces.

— (a) Requisites for creation — A province shall

not be created unless the following requisites on income and either population or land
area are present:
(1) Income — An average annual income of not less than Twenty Million Pesos
(P20,000,000.00) for the immediately preceding two (2) consecutive years
based on 1991 constant prices, as certified by DOF. The average annual
income shall include the income accruing to the general fund, exclusive of
special funds, special accounts, transfers, and nonrecurring income; and
(2) Population or land area — Population which shall not be less than two
hundred fifty thousand (250,000) inhabitants, as certified by NSO; or land
area which must be contiguous with an area of at least two thousand (2,000)
square kilometers, as certified by LMB. The territory need not be contiguous if
it comprises two (2) or more islands or is separated by a chartered city or
cities which do not contribute to the income of the province. The land area
requirement shall not apply where the proposed province is composed of one
(1) or more islands. The territorial jurisdiction of a province sought to be
created shall be properly identified by metes and bounds.
The creation of a new province shall not reduce the land area,
population, and income of the original LGU or LGUs at the time of said
creation to less than the prescribed minimum requirements. All expenses
incidental to the creation shall be borne by the petitioners.
(b) Procedure for creation —
(1) Petition — Interested municipalities or component shall submit the petition, in
the form of a resolution, of their respective sanggunians requesting the
creation of a new city to the Congress, and furnish copies thereof to the
sangguniang panlalawigan of the original province or provinces.
(2) 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.
(3) Documents to support petition — The following documents shall be attached
to the petition for creation:
(i) Certification by 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 the 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 shall be prepared by the provincial, city, or
district engineer and shall clearly indicate 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.
(4) 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.
(c) Beginning of corporate existence — When a province is created, its corporate
existence shall commence upon the election and qualification of its governor and
a majority of the members of its sanggunian unless some other time is fixed
therefore by the law creating it.

ARTICLE 10. Status of Existing Subprovinces. — (a) The existing subprovinces

of Biliran in the province of Leyte, and Guimaras in the province of Iloilo, shall
automatically be converted into regular provinces upon approval by a majority of the
votes cast in a plebiscite to be held in the said subprovince and the original provinces
directly affected which shall be conducted by the COMELEC simultaneously with the
national elections on May 11, 1992.
(b) The new legislative districts created as a result of such conversion shall continue
to be represented in the Congress by the duly elected representatives of the
original districts out of which the new provinces or districts were created until
their own representatives shall have been elected in the next regular
congressional elections and have qualified.
(c) The incumbent elective officials of the subprovinces converted into regular
provinces shall continue to hold office until June 30, 1992. Any vacancy occurring
in the offices occupied by said incumbents, or resulting from expiration of their
 terms of office in case of a negative vote in the plebiscite results, shall be filled by
appointment by the President.
(d) The appointees shall hold office until their successors shall have been elected in
the regular local elections following the plebiscite and have qualified.
(e) After effectivity of such conversion, the President shall appoint the governor, vice
governor and other members of the sangguniang panlalawigan if none has yet
been appointed, all of whom shall likewise hold office until their successors shall
have been elected in the next regular local elections and have qualified.
(f) All qualified appointive officials and employees in the career service of the
subprovinces at the time of their conversion into regular provinces shall continue
in office in accordance with civil service law, rules and regulations.

ARTICLE 11. Cities. — (a) Requisites for creation — A city shall not be created
unless the following requisites on income and either population or land area are present:
(1) Income — An average annual income of not less than Twenty Million Pesos
(P20,000,000.00), for the immediately preceding two (2) consecutive years
based on 1991 constant prices, as certified by DOF. The average annual
income shall include the income accruing to the general fund, exclusive of
special funds, special accounts, transfers, and nonrecurring income; and
(2) Population or land area — Population which shall not be less than one
hundred fifty thousand (150,000) inhabitants, as certified by the NSO; or land
area which must be contiguous with an area of at least one hundred (100)
square kilometers, as certified by LMB. The territory need not be contiguous if
it comprises two (2) or more islands or is separated by a chartered city or
cities which do not contribute to the income of the province. The land area
requirement shall not apply where the proposed city is composed of one (1)
or more islands. The territorial jurisdiction of a city sought to be created shall
be properly identified by metes and bounds.
The creation of a new city shall not reduce the land area, population,
and income of the original LGU or LGUs at the time of said creation to less
than the prescribed minimum requirements. All expenses incidental to the
creation shall be borne by the petitioners.
(b) Procedure for creation —
(1) Petition — Interested municipalities or barangays shall submit the petition, in
the form of a resolution, of their respective sanggunians requesting the creation
of a new city to the Congress, and furnish copies thereof to the sangguniang
panlalawigan or sangguniang panlungsod of the LGUs concerned.
(2) Comments on petition — The sangguniang panlalawigan or sangguniang
panlungsod shall submit to the Congress its comments and recommendations on
the petition for creation of the city.
(3) Documents to support petition — The following documents shall be attached
to the petition for creation:
(i) Certification by DOF that the average annual income of the proposed
city 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 city 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 city 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 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 by NSO;
 (vii)Sources of potable water supply for the inhabitants as certified by the
Local Water Utilities Administration (LWEI) 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.
All costs incurred in the production of the required documents
shall be borne by the petitioning LGUs.
(4) Plebiscite —
(i) Upon the effectivity of the law creating a city, the COMELEC shall
conduct a plebiscite in the 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.
(c) Beginning of corporate existence. — When a city is created, its corporate
existence shall commence upon the election and qualification of its mayor and a
majority of the members of its sanggunian, unless some other time is fixed
therefore by the law creating it.

ARTICLE 12. Conversion of a Component City Into a Highly-Urbanized City. —

(a) Requisites for conversion — A component city shall not be converted into a highly-
urbanized city unless the following requisites are present:
(1) Income — latest annual income of not less than Fifty Million Pesos
(P50,000,000.00) based on 1991 constant prices, as certified by the city
treasurer. The annual income shall include the income accruing to the
general fund, exclusive of special funds, transfers, and non-recurring income;
and
(2) Population — which shall not be less than two hundred thousand (200,000)
inhabitants, as certified by NSO.
(b) Procedure for conversion —
(1) Resolution — The interested component city shall submit to the Office of the
President a resolution of its sanggunian adopted by a majority of all its
members in a meeting duly called for the purpose, and approved and
endorsed by the city mayor. Said resolution shall be accompanied by
certifications as to income and population.
 (2) Declaration of conversion — Within thirty (30) days from receipt of such
resolution, the President shall, after verifying that the income and population
requirements have been met, declare the component city as highly-
urbanized.
(3) Plebiscite — Within one hundred twenty (120) days from the declaration of
the President or as specified in the declaration, the COMELEC shall conduct
a plebiscite in the city proposed to be converted. Such plebiscite shall be
preceded by a comprehensive information campaign to be conducted by the
Comelec with the assistance of national and local government officials,
media, NGOs, and other interested parties.
(c) Effect of Conversion —
The conversion of a component city into a highly-urbanized city shall make it
independent of the province where it is geographically located.

ARTICLE 13. Municipalities. — (a) Requisites for Creation — A municipality shall

not be created unless the following requisites are present:
(i) Income — An average annual income of not less than Two Million
Five Hundred Thousand Pesos (P2,500,000.00), for the immediately
preceding two (2) consecutive years based on 1991 constant prices,
as certified by the provincial treasurer. The average annual income
shall include the income accruing to the general fund, exclusive of
special funds, special accounts, transfers, and nonrecurring income;
(ii) Population — which shall not be less than twenty five thousand
(25,000) inhabitants, as certified by NSO; and
(iii) Land area — which must be contiguous with an area of at least fifty
(50) square kilometers, as certified by LMB. The territory need not be
contiguous if it comprises two (2) or more islands. The requirement on
land area shall not apply where the proposed municipality is
composed of one (1) or more islands. The territorial jurisdiction of a
municipality sought to be created shall be properly identified by metes
and bounds.
The creation if a new municipality shall not reduce the land area,
population, and income of the original LGU or LGUs at the time of
said creation to less than the prescribed minimum requirements. All
expenses incidental to the creation shall be borne by the petitioners.
(b) Procedure for creation —
(1) Petition — Interested barangays shall submit the petition, in the form of a
resolution, of their respective sanggunians requesting the creation of a new
municipality to the Congress, and furnish copies thereof to the sangguniang
 panlalawigan, sangguniang panlungsod, or sangguniang bayan of the LGUs
concerned.
(2) Comments on petition — The sangguniang panlungsod or sangguniang
bayan, together with the sangguniang panlalawigan, shall submit to the
Congress its comments and recommendations on the petition for creation of
the municipality.
(3) Documents to support petition — The following documents shall be attached
to the petition for creation:
(i) Certification by the provincial treasurer, in the case of municipalities
and component cities, and the city treasurer, in the case of highly-
urbanized cities, that the average annual income of the proposed
municipality 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 municipality and
that its creation will not reduce the population of the original LGU or
LGUs to less than the prescribed minimum;
(iii) Certification by the LMB that the land area of the proposed
municipality 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 municipality. 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 municipality sufficient to
meet its growing population and the following purposes:
 Government center site of not less than five thousand (5,000)
square meters which shall include the municipal hall site and
those of other government buildings;
 Market site of not less than five thousand (5,000) square
meters, located out of view of the municipal 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 five thousand (5,000) square
meters located preferably in front of the municipal hall;
 School site of not less than five thousand (5,000) 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 health
authorities.
(vi) Number and nature of existing industrial and commercial
establishments in the territory of the proposed municipality as certified
by NSO;
(vii) Sources of potable water supply for the inhabitants as certified by
LWUA or 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.
All costs incurred in the production of the required documents
shall be borne by the petitioning LGUs.
(4) Plebiscite —
(i) Upon the effectivity of the law creating a municipality, the COMELEC
shall conduct a plebiscite in the 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.
(c) Beginning of corporate existence. — When a municipality is created, its
corporate existence shall commence upon the election and qualification of its mayor
and a majority of the members of its sanggunian, unless some other time is fixed
therefore by the law creating it.

ARTICLE 14. Barangays. — (a) Creation of barangays by the sangguniang

panlalawigan shall require prior recommendation of the sangguniang bayan.
(b) New barangays in the municipalities within MMA shall be created only by Act of
Congress, subject to the limitations and requirements prescribed in this Article.
(c) Notwithstanding the population requirement, a barangay may be created in the
indigenous cultural communities by Act of Congress upon recommendation of the
LGU or LGUs where the cultural community is located.
(d) A barangay shall not be created unless the following requisites are present:
(1) Population — which shall not be less than two thousand (2,000) inhabitants,
except in municipalities and cities within MMA and other metropolitan political
 subdivisions as may be created by law, or in highly-urbanized cities where
such territory shall have a population of at least five thousand (5,000)
inhabitants, as certified by NSO. The creation of a barangay shall not reduce
the population of the original barangay or barangays to less than the
prescribed minimum.
(2) Land area — which must be contiguous, unless comprised by two (2) or more
islands. The territorial jurisdiction of a barangay sought to be created shall be
properly identified by metes and bounds or by more or less permanent
natural boundaries.
All expenses incidental to the creation shall be borne by the petitioners.
(e) Procedure for creation —
(1) Petition — A written petition of a majority of the registered voters residing in
the area sought to be created or resolutions of the sangguniang barangays
desiring to be merged, as the case may be, shall be presented to the
sangguniang panlalawigan, upon recommendation of the sangguniang bayan
concerned, or to the sangguniang panlungsod, for appropriate action.
In the case of municipalities within MMA, a similar petition or resolution
shall be presented to the Congress, upon recommendation of the
sangguniang bayan concerned.
(2) Documents to support petition — In addition to the petition or resolution, the
following shall be submitted:
(i) Certification by NSO as to the population of the proposed barangay
and that its creation will not reduce the population of the original
barangay or barangays to less than the prescribed minimum.
(ii) Map of the original barangay or barangays indicating the areas to be
created into a new barangay and technical description certified by
LMB or city or municipal assessor, as the case may be.
All costs incurred in the production of the required documents
shall be borne by the petitioning LGUs.
(3) Comments on petition — The presiding officer of the sangguniang bayan
shall require the sangguniang barangay of the original barangay or
barangays to submit their comments on the proposed creation within twenty
(20) days after receipt of said petition or resolution which shall serve as basis
for recommending appropriate action thereon to the sangguniang
panlalawigan.
(4) Action on petition — The sangguniang panlalawigan or sangguniang
panlungsod shall, within fifteen (15) days from submission of the petition and
other required supporting documents, take action granting or denying the
petition.
 (i) The ordinance granting the petition creating a new barangay shall be
approved by two-thirds (2/3) of all the members of the sangguniang
panlalawigan or sangguniang panlungsod.
The ordinance shall properly identify by metes and bounds or by
natural boundaries, the territorial jurisdiction of the new barangay. The
ordinance shall likewise fix the date of the plebiscite to be conducted
by the COMELEC in the area or areas directly affected to ratify the
creation of the new barangay.
(ii) A denial shall be in the form of a resolution stating clearly the facts
and reasons for such denial.
(5) Submission of ordinance to the COMELEC — Within thirty (30) days before
the plebiscite, the secretary to the sangguniang panlalawigan or sangguniang
panlungsod shall furnish the COMELEC with a signed official copy of the
ordinance creating the barangay.
(6) Conduct of information campaign — The COMELEC shall conduct an
intensive information campaign in the LGUs concerned at least ten (10) 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.
(7) Submission of plebiscite results — At least seven (7) days after the conduct
of the plebiscite, the city or municipality concerned shall submit the
Certificates of Canvass of Votes Cast, Statement of Affirmative and Negative
Votes, Abstentions Cast in every voting center as well as the provincial or city
ordinance creating the barangay to the COMELEC and DILG central office for
inclusion in the Official Masterlist of Barangays.
(f) Beginning of corporate existence — When a barangay is created, its corporate
existence shall commence upon the election and qualification of its punong
barangay and a majority of the members of its sanggunian unless some other
time is fixed therefore by the law or ordinance creating it
(g) Financial requirement — The financial requirements of the barangays created by
LGUs after the effectivity of the Code shall be the responsibility of the LGU
concerned.
(h) Consolidation plan of barangays — Based on the criteria prescribed in this
Article, the governor or city mayor may prepare a consolidation plan for
barangays within his territorial jurisdiction. The said plan shall be submitted to the
sangguniang panlalawigan or sangguniang panlungsod for appropriate action.
In the case of municipalities within MMA and other metropolitan political
subdivisions as may be created by law, the barangay consolidation plan shall be
prepared and approved by the sangguniang bayan concerned.