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Seventeenth Congregs
1ST Regular Session

BY: ( MV
RES'STR ATION UNIT
BILLS AND INDEX SERVICE

HOUSE BILL No.2994

Introduced By:
REP. FRANCISCO JOSE F. MATUGAS II, 15 District, Surigao del Norte
REP. PROSPERO A. PICHAY JR,, 1® District, Surigao del Sur
REP. JOHNNY T. PIMENTEL, 2” District, Surigao del Sur

EXPLANATORY NOTE

This bill, which was approved by the House of Representatives of the 16"
Congress and is now refiled, seeks the amendment of Section 461 (b) of the Local
Government Code of 1991 (“the Code”), by adding a proviso on the land area
requirement on the creation of a province.

Sections 442 (b) and 450 (b) of the Code explicitly provides as one of the
requisites, for the creation of a municipality and city respectively, that “the
requirement on land area shall not apply where the municipality [city] proposed to
be created is composed of one (1) or more islands.”

While this is so unequivocally provided in the aforementioned Sections, the

same is conspicuously missing in Section 461 of the Code or the section providing
for the creation of a province.

This bill in effect will even out this seeming anomaly in the law by adding
exactly the same provision that applies to the creation of a municipality or a city to
that on the creation of a province.

In view of the foregoing, approval of this bill is earnestly recommended.

FRANCISCO JOSE F. MATUGAS II

JOHNNY T. PIMEN’


Pinspose
Republic ofthe Philippines

House oF Repuesentatsves
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session
2994
HOUSE BILL NO. __

Introduced By:
REP. FRANCISCO JOSE F. MATUGAS IL, 1 District, Surigao del Norte
REP. PROSPERO A. PICHAY JR,, 1° District, Surigao del Sur
REP. JOHNNY T. PIMENTEL, 2 District, Surigao del Sur

AN ACT AMENDING SECTION 461, PARAGRAPH (b) OF 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. Section 461 (b) of Republic Act. No. 7160, otherwise known as the
Local Government Code of 1991 is hereby amended to read as follows:

“Section 461. Requisites for Creation.

(a) A province may be created if it has an average annual income, as
certified by the Department of Finance, of not less than Twenty million
pesos (P20,000,000.00) based on 1991 constant prices and either of the
following requisites:

(i) a contiguous territory of at least two thousand (2,000) square
kilometers, as certified by the Lands Management Bureau; or

(ii) a population of not less than two hundred fifty thousand
(250,000) inhabitants as certified by the National Statistics Office:


Provided, That, the creation thereof shall not reduce the land area,

population, and income of the original unit or units at the time of

said creation to less than the minimum requirements prescribed
herein.

(b) THE TERRITORIAL JURISDICTION OF A NEWLY-CREATED
PROVINCE SHALL BE PROPERLY IDENTIFIED BY METES AND
BOUNDS. THE REQUIREMENT ON LAND AREA SHALL NOT
APPLY WHERE THE PROVINCE 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 or is separated by a
chartered city or cities which do not contribute to the income of the
province.

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

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

Sec. 3. Effectivity Clause. - This act shall take effect fifteen (15) days from its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,