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What are the general requirements for the

creation and conservation of (LGUs)?


1. A Law or ordinance providing for creation or conservation.
Note: 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 a barangay located within its territorial
jurisdiction, subject to such limitations and requirements
prescribed in this Code (LGC, Sec. 6).
2. Income - Sufficient, based on acceptable standards,
to provide for all essential government facilities and
services commensurate with the size of population of
the LGU concerned (LGC, Sec. 7);

3. Population - total number of inhabitants within the


territorial jurisdiction (LGC, Sec. 7);
4. Land area or Territory – must be contiguous
except for island or when divided/separated by
an LGU independent of the others, properly
identified by metes and bounds, and sufficient
to provide for such basic services and facilities
(LGC, Sec. 7);

5. Attestation given by the DOF for income,


NSO for population and the Land Management
Bureau of the DENR for land area (LGC, Sec. 7);
6. Approval by a majority of the Votes cast in a
plebiscites called for the purpose for all
political units directly affected
(CONST., Art. X, Sec. 10 and LGU. Sec. 10)
What are the requirements for the creation of
barangay?

1. Population – at least 2,000 inhabitants except in cities municipalities within Metro


Manila or in highly urbanized cities the population of which must be at least 5,000
inhabitants. Provided, the creation of the new barangay shall not however reduce the
population of the original barangay to less than the minimum requirement prescribed
in the Code.

2. Income – no minimum income requirement.

3. Land Area – no minimum requirement, but it must be contiguous, unless the


barangay is comprised by 2 or more islands (LGC, Sec. 386)
What are the requisites for the creation of a
municipality?
1. Population – at least 25,000 inhabitants
2. Income – average annual income of at least
P2.5 million for the last two consecutive years
based on the 1991 constant prices
3. Land Area – a contiguous territory of at least
50 square kilometers
What are the requisites for the creation of a
city?
1. Income – at least P100 million for the last
two consecutive years based on 2000
constant prices: and either of the following:
2. Population – at least 150,000 inhabitants
3. Land Area – contiguous territory of at least
100 square kilometers.
What are the requisites for creation of a
province?
1. Income – average annual income at least P20
million
2. Population – not less than 250,000
inhabitants
3. Land Area – a contiguous territory of at least
2,000 kilometers
Summary of Substantive Requirements for
the Creation of LGUs
Income Population Land Area
Barangay No minimum 2,000 (5,000 for No minimum
requirement Metro Manila and requirment
HUCs)
Municipality P 2.5 million 25,000 50 sq. km.
Component City P 100 million 150,000 100 sq. km.
Highly Urbanize City P 50 million 200,000 100 sq. km.
Province P 20 million 250,000 2,000 sq. km.
Can the congress enact cityhood bills containing a common provision
exempting several municipalities from the P100-million income
requirement imposed by RA 9009?
Answer: Yes, Congress has the plenary power to create political subdivisions and may such
prescribe criterion for city-hood as its sees fit, and to prescribe when and where such
criterion shall apply. The municipalities exempted from the amendatory law increasing the
income requirement because the purpose of the law for imposing the income requirement is
to ensure that a before municipality is granted the statue of a city, they must have proven
themselves to be capable and viable t be component cities. In providing the exemption,
Congress merely affirmed its resolution that the exempted municipalities have already met
the test viability before R.A No 9009 had been enacted.

There is no violation the equal protection clause because Congress Had always clearly intended
that these municipalities be exempted even before the passage of R.A. No. 9009 which
therefore created a substantial distinction between them and those municipalities who were
not yet deemed viable by the Congress at the time it enacted R.A No. 9009. In any case, the
municipalities who were not exempted cannot claim equal protection because they have no
vested right no cityhood and are not being deprived of any properly when other
municipalities have been exempted from the higher income requirment. (League of Cities of
the Philippines v. COMELEC, G.R. No. 176951. G.R. No. 177499. GR No. 178056, February, 15,
2011).

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