Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

H.B.No,_©38

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

The inherent rights of indigenous cultural communities/indigenous peoples to self-
governance and self-determination are expressly recognized in Republic Act No. 8371 also
known as “The Indigenous Peoples Rights Act of 1997.” The State guarantees their right to
freely and effectively pursue their economic, social and cultural development.

Despite the law's recognition of these rights, the unfortunate reality is that indigenous
cultural communities do not fully benefit from their State-guaranteed rights. They are not
extended their preferential rights to public services and their cultural integrity remains
unprotected,

The municipality serves as the basic unit for the coordination and delivery of basic,
regular and direct services and effective governance of people within its territorial jurisdiction
As such, the task of ensuring the economic, social and cultural well-being of indigenous peoples
lies primarily in the municipality

In order for indigenous cultural communities/indigenous people to be guaranteed of their
right to self-governance and self-determination and in order to develop and preserve their
cultures, traditions and institutions, the bill seeks to lift the strict requirements for a regular
municipality, where the proposed municipality is inhabited by a large and significant number of
indigenous cultural communities.

For the full realization and protection of indigenous peoples’ rights, | earnestly seek the
approval of this bill

“JUAN clean m ere, M. ANGARA

Rept ats
District of Aurora Province


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

H.B.No. £3

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
AMENDING SECTION 442 OF REPUBLIC ACT NO. 7160, AS AMENDED,
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991

Be iit enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. — Section 442 of Republic Act No. 7160, as amended, otherwise known as
the Local Government Code of 1991, is hereby further amended to read as follows:

“SEC. 442. Requisites for Creation. - (a) A municipality may be created if it
has an average annual income, as certified by the provincial treasurer, of at least
Two million five hundred thousand pesos (P2,500,000.00) for the last two (2)
consecutive years based on the 1991 constant prices; a population of at least
twenty-five thousand (25,000) inhabitants as certified by the National Statistics
Office; and a contiguous territory of at least fifty (50) square kilometers as certified
by the Lands Management Bureau: Provided, That the creation thereof shall not
reduce the land area, population or income of the original municipality or
municipalities at the time of said creation to less than the minimum requirements
prescribed herein ;

“(o) The territorial jurisdiction of a newly-created municipality shall be properly
identified by metes and bounds. The requirement on land area shall not apply
where the municipality proposed to be created is composed of one (1) or more
islands. The territory need not be contiguous if it comprises two (2) or more islands

“(c) The average annual income shall include the income accruing to the
general fund of the municipality concemed, exclusive of special funds, transfers and
non-recurring income.

*(d) Municipalities existing as of the date of the effectivity of this Code shall

continue to exist and operate as such. Existing municipal districts organized


pursuant to presidential issuances or executive orders and which have their
respective set of elective municipal officials holding office at the time of the effectivity

of this Code shall henceforth be considered as regular municipalities.

“(E) THE POPULATION REQUIREMENT PRESCRIBED HEREIN SHALL

NOT APPLY IF THE MAJORITY OF THE INHABITANTS OF THE PROPOSED

MUNICIPALITY ARE INDIGENOUS PEOPLES: PROVIDED, HOWEVER, THAT

THE TOTAL POPULATION SHALL BE AT LEAST FIVE THOUSAND (5,000).”

SEC. 2. Repealing Clause. All laws, presidential decrees, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby amended,
repealed or modified accordingly

SEC. 3, Effectivity. This Act shall take effect seven (7) days after its publication in a

newspaper of general circulation

Approved,