Republic of the Philippines

House of Representatives
‘Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session
2269
HOUSE BILL NO.

Introduced by Representative Francisco Jose F. Matugas IT

EXPLANATORY NOTE

‘This bill is part of several amendments to the Local Government Code (the
“Code”) approved by the House of Representatives during the 17 Congress and
transmitted to the Senate as early as 19 September 2017. It seeks to amend Section
461 (b) of 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, 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 correct 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 ¥/MATUGAS I
Surigao del NortefFirst District
(Siargao Island)


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Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

2269
HOUSE BILL NO.

Introduced by Representative Francisco Jose F. Matugas II

AN ACT
RATIONALIZING THE LAND AREA REQUIREMENT FOR THE
CREATION OF A PROVINCE, AMENDING FOR THE PURPOSE
SECTION 461 (B) 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. Section 461 (b) of Republic Act. No. 7160, as amended,
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

“(i) 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.


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“(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. The Department of Interior and Local Government (DILG) shall issue
the necessary rules and regulations within sixty (60) days after the effectivity of
this Act.

SEC. 3. All laws, decrees, executive orders, rules and regulations which are
inconsistent with this Act are hereby repealed, amended, or modified accordingly.

SEC. 4. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,