Republic of the Philippines

HOuSe OF REPRESENTATIVES Ye
Quezon City, Metro Manila

ne 29 JUL 718
G/CfM

Sixteenth Congress
1ST Regular Session

HOUSE BILL NO. __ 2006

Introduced By:
REP, FRANCISCO T. MATUGAS, 1°! District, Surigao del Norte (Siargao Island)
REP. GUILLERMO A, ROMARATE, JR., 2" District, Surigao del Norte
REP. PHILIP A. PICHAY, 1°" District, Surigao del Sur
REP, FLORENCIO C. GARAY, 2"° Disirict, Surigao del Sur

EXPLANATORY NOTE

This bill, which was approved by the House Committee on Local
Government of the 15! Congress and re-filed in foto in the present
Congress, 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 thus: "x x x, The requirement on land area shall not apply
where the municipality [city] proposed to be created is composed of
‘one (1) or more islands. x x x."

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.

| view thd, above-stated; approval of this bill is earnestly

recommended.

FRANCISC@ T. MATUGAS LERMO A. RO! a

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Republic of the Philippines

House os Representatives
Quejon City, Metro Manila

Sixteenth Congress
First Regular Session

200
HOUSE BILL NO.

Introduced By:
REP. FRANCISCO T. MATUGAS, 15" District, Surigao del Norte (Siargao Island)
REP. GUILLERMO A. ROMARATE, JR., 2° District, Surigao del Norte
REP. PHILIP A. PICHAY, 1°" District, Surigao del Sur
REP. FLORENCIO C. GARAY, 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 the Local Government Code of 1991 shall
be amended to read as follows:

SECTION 461. Requisites for Creation. -(a) x x x

(b) 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. The territorial
jurisdiction of a newly-created province shall be properly
identified by metes and bounds. The land area requirement shall
not apply where the proposed province is composed of one (1)
or more islands.

(c)x x x.

Section 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.


Section 4. Effectivity Clause. This Act shall take effect after fifteen (15)
days following the completion of its publication either in the Official Gazette,
or in a newspaper of general circulation.

Approved.