Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metzo Manila

FIFTEENTH CONGRESS
Second Regular Session

COMMITTEE REPORT NO. 1258

Submitted by the Committee on Local Government on
Re: House Bil! No.

Recommending its approval in substitution of House Bill No. $70

Sponsors: Representatives George P. Amaiz and Juan Edgardo M. Angara

Mr. Speaker:

The Committce on Local Government to which was referred House Bill No. 570
introduced by Representative Juan Edgardo M. Angara, entitled:

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

has considered the same and recommends that the attached House Bill No. 4905
entitled:

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

be approved in substitution of House Bill No. 570 with Representative Juan Edgardo M.
Angara as author thercof.


Chinnan
Committee on Local Government

THE HONORABLE SPEAKE
HOUSE OF REPRESENTATIVES



15
16
7

Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City. Metro Manita

FIFTEENTH CONGRESS
Second Regular Session

4905

HOUSE BIL. No.

Introduced by: REPRESENTATIVE JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
EXEMPTING FROM ‘IIE POPULATION REQUIREMENT AMENDING
SECTION 442 OF REPUBLIC ACT NO. 7160, AS AMENDED, OTHERWISE
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991

Be it enacted by the Senate and the House of Representatives
of the Philippines in Congress assembled:
SECTION 1. Scetion 442 of Republic Act No. 7160, as amended, otherwise

known as the Local Government Code of 1991 is hereby amended to read as follows:

“SECTION 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 (P2,300,000.00) for the last two (2)
consecutive years based on the 1991 constant prices; a population
of at least twenly 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 Land Management
Bureau: Provided, That the creation thereof shall not reduce the
jand area, population or income of the original municipality or
municipalities at de time of said creation to less than the minimum

requirements prescribed herein.

(b) The tervitorial jurisdiction of a newly-created
municipality shall be properly identified by metes and bounds. The

requirement on Jand arca shal! not apply where the municipality


27

SEC. 3. Effecti

proposed to be ereated 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 municipalily concerned,

exclusive of special [unds, transfers and non-recurring income.

(@) 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 al the time of the effectivity of

this Code shall henceforth be considered. as regular municipalities.

(E) TO ENHANCE THE DELIVERY OF BASIC
SERVICES IN THE INDIGENOUS CULTURAL
COMMUNITIES, MUNICIPALITIES MAY BE CREATED IN
SUCH COMMUNITIES BY AN ACT OF CONGRESS,
NOTWITHSTANDING THE ABOVE REQUIREMENT:
PROVIDED, HOWEVER, THAT TIE MAJORITY OF THE
INHABITANTS ARF INDIGENOUS PEOPLES AND THE
TOTAL POPULAYION 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

in a newspaper of general circulation,

Approved,

“This Act shall take effect seven (7) days after its publication


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Fil

TEENTH CONGRESS
First Reguiar Session

s7u
H. B. No.

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

The inherent rights of indigenous caturat communitiesiindiganous peoples to self-
Ince and galfedetermination afe exeressty recognized in Republic Act No 8374 also
she Indigenous Peoples Rights “ct ot q097." The State guarantees their Fant to
.o effectively pursue their econor's 1 and cultural development.

Despite the law's recognition of Thess rights. the unfortunate reallly | that indigenous
ural cammnunities do not fully Peneiit my theie State-gquarantesd nants They are not

Sxtended their preferential rights te public services and their cultural integrity remains
unprotected.

The municipality serves @S the basic unit for the coordination and delivery of basic,
reguiar and direct services land effective gavemance of people within ts territadal jurisdiction.

‘ng such, the task of ensuring the ‘egonamnic, socia! and cultural ‘wellbeing of indigenous peoples
lias primarily in the municipalty

In order for indigenous cultura! communitiesiindigenous people te je guaranteed of their
ight 19 self-governance vind selr-derarrinaticn and In order to develop and preserve their
cultures, waditions and instituions © pi seaks to lift the strict requirements for 2 regular
smunicipailty, where the proposed Ari] ity is invabited by a large ‘and significant number of
indigenous cultural communities.

cor the full realization and protection of indigenous peoples’ rights, | eamestly seek the
approval of this Bil.

a
“

ee.
aa 4 7
JUAN EDGABDO “SONNY MS ANGARA
Representative

Tone District, Pravines of Aurore



FIFTEENTH CONGRESS ©. HE =)
REPUBLIL OF THE PHILIPPINES
First Regular Session }

up.No. 970

introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
AMENDING SECTION 442 OF REPUBLIC ACT NO. 7460, AS AMENDED,
OTHERWISE KNOWN AS THE LOCAL, GOVERNMENT CODE OF 1991

Be ii enacted by the Senate and

House of Representatives of the Pailippines in
Congress assembled:

SECTION 4. Section 442 of Reputdlic Aci No 7160, as amended, olherwise known as

the Local Government Code of 1991, 18 hereby jurther amended to read as follows:

“SEC, 442. Requisites for Creation. ~ 1a} A municipality may be created # it

has an average annual Income, 28 certified py the provincial treasurer, of at least

Two million five hundred thousand

ag {2,500 000.00) for the tast two (?)

consecullve years based on the 1991 constani prices: @ population of at least

twenty-five thousand (26,000) innabitams 35 cenified by the National Statistics

Office; and @ contiguous temitary of at

fifty (50) square kilometers as cantified

by the Lands Management Bureas Provided, That the creation thereof shall not

reduce the jand area, population or Income of the original municipality oF
municipalities at the time of ‘said creation 10 jess than the minimum requirements
prescribed herein.

(y) The territoriat jurisdiction of 8 newly-created municipality shall be properly
identified by metes and bounds, THe requirement on land area shall not apply
where the municipality proposed t¢ P= created 18 composed of one (1) oF more

islands, The territory need nat be contiguous if it comprises two (2) oF mere islands

(e) Tne average annual inso

sghali include the income accruing (° the

general fund of the municieality ad, exclusive of special funds, transfers and

non-recurring income

ig) Municipalities existing 5 cf tne sate of the effectiaty of this Code shail

continue to exist and operate 3S su: Existing municinal dist organized



pursuant to presidential tssuances oF 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 considares 28 regular municipalities.
4{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. il laws. presigential 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. Eifectivity, This Act shall take effect seven (7) days after its publication in @

newspaper of general circulation.

Approved,


FACT SHEET

House Bill No. 570
(As approved by the Committee on May 17, 2011)

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

Introduced by: Rep. Edgardo “Sonny”Angara

Committee Referral: Local Government
Commitee Chairperson: Rep. George P. Arnaiz

OBJECTIVES:

* To protect the cultural integrity of the indigenous cultural communities
by granting to them their state guaranteed rights to freely and
effectively pursue their economic. social and cultural development,

« To develop and preserve indigenous cultures, traditions and institutions
by exempting from the population requirement the creation of a regular
municipality inhabited by indigenous cultural peoples.

KEY PROVISION:
«  Exempts from the population requirement the creation of a municipality
where the proposed municipality with at least 5,000 population is
inhabited by a majority of indigenous cultural communities.

RELATED LAWS:

« Section 442 of R.A. 7160, otherwise known as the Local Government
Code of 1991 as amended.

* Republic Act No. 8371 otherwise known as The Indigenous Peoples
Rights Act of 1997