FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
S.B. No. 3468 
Introduced by Senator EDGARDO J. ANGARA 
EXPLANATORY NOTE 
The inherent rights of indigenous cultural co~munities/indigenous peoples to self­
governance and self-determination are expressly recognized in Republic Act No. 8371 also 
known as "The Local Government Code of 1991." 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 tenitorial 
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 communiti(;(s. 
For the full realization and protection of indigenous peoples' rights, I earnestly seek 
the approval of this bill. 
>' ~ / //7L\t 
Ei>6Aitl'o J. ANGARA 


FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES) 
Third Regular Session 
) 
SENATE 
S.B. No. 3 4 6 8 
Introduced by Senator EDGARDO J. ANGARA 
, 
AN ACT 
AMENDING SECTION 442 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN 
AS "THE LOCAL GOVERNMENT CODE OF 1991" 
Be it enacted in the Senate and House ofRepresentatives ofthe Philippines in the 
Congress assembled: 
. 
SECTION 1. Section 442 of Republic Act No, 7160 shall be amended to read as 
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follows: 
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"SEC. 442. Requisites jor Creation. - (a) A municipality may be 
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created if it has an average annual income, as certified by the provincial 
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treasurer, of at least Two million five hundred thousand pesos 
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(P2,500,000.00) for the last two (2) consecutive years based on the 1991 
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constant prices; a population of at least twenty-five thousand (25,000) 
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inhabitants as certified by the National Statistics Office; and a contiguous 
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territory of at least fifty (50) square kilometers as certified by the Lands 
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Management Bureau: Provided, That the creation thereof shall not reduce 
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the land area, population or income of the original municipality or 
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municipalities at the time of said creation to less than the minimum 
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requirements prescribed herein. 
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(b) 
The territorial jurisdiction of a newly-created municipality 
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shall be properly identified by metes and bounds. The requirement on land 
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area shall not apply where the municipality proposed to be created is 
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composed ofone (1) or more islands. The territory need not be contiguous if 
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it comprises two (2) or more islands. 


/ • 
It 
(c) 
The average annual income shall include the income accruing 
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to the general fund of the municipality co~cerned, exclusive of special 
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funds, transfers and non-recurring income. 
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(d) 
Municipalities existing as of th(( date of the effectivity of this 
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Code shall continue to exist and operate as such. Existing municipal districts 
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organized pursuant to presidential issuances or executive orders and which 
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have their respective set of elective municipal officials holding office at the 
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time of the effectivity of this Code shall henceforth be considered as regular 
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municipalities. 
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(E) 
THE REQUIREMENTS AND ELIGIBILITY FOR THE 
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CREATION OF A MUNICIPALITY SHALL BE LIBERALIZED AND 
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THEREFORE SHALL NOT APPLY IF A LARGE AND SIGNIFICANT 
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NUMBER OF INDIGENOUS PEOPLES OR INDIGENOUS CULTURAL 
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COMMUNITIES INHABITING THE PROPOSED MUNICIPALITY IS 
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PRESENT." 
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SEC. 2. Repealing Clause. All laws, presidential decrees and issuances, executive 
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orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are 
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hereby repealed or modified accordingly. 
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SEC. 3. Effectivity. This Act shall take effect immediately after its publication in a 
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national newspaper of general circulation. This publication shall not I;e later than seven (7) 
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days after the approval hereof. 
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Approved. 
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