How is a Municipality Created?

REQUIREMENTS

RULES AND REGULATIONS IMPLEMENTING THE LOCAL GOVERNMENT
CODE OF 1991, REPUBLIC ACT NO. 7160


Article 13- Municipalities –

Requisites for creation – a municipality shall not be created unless the following requisites are present:

1. Income – An average annual income of not less than Two Million Five Hundred Thousand Pesos (P2,500,000.00), for the immediately preceding two (2) consecutive years based on 1991 constant prices, as certified by the provincial treasurer. The average annual income shall include the income accruing to the general fund exclusive of special funds, special accounts, transfers, and nonrecurring income.

2. Population – which shall not be less than twenty five thousand (25,000) inhabitants, as certified by NSO, and

3. Land Area – which must be contiguous with an area of at least fifty (50) square
kilometers, as certified by LMB. The territory need not be contiguous if it comprises two (2) or more islands. The requirements on land area shall not apply where the proposed municipality is composed of one (1) or more islands. The territorial jurisdiction of a municipality sought to be created shall be properly identified by metes and bounds.

The creation of a new municipality shall not reduce the land area, population, and income
of the original LGU or LGU’s at the time of said creation to less than the prescribed minimum requirements. All expenses incidental to the creation shall be borne by the petitioners.

(B) Procedure for creation –

1. Petition – Interested barangays shall submit the petition, in the form of a resolution, of their respective sanggunians requesting the creation of a new municipality to the Congress, and furnish copies thereof to the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan of the LGUs concerned.

2. Comments on petition – The sangguniang panlungsod or sangguniang bayan, together with the sangguniang panlalawigan, shall submit to the Congress its comments and recommendations on the petition for creation of the municipality.

3. Documents to support petition – The following documents shall be attached to the
petition for creation.

(a) Certification by the provincial treasurer, in the case of municipalities and component cities, and the city treasurer, in the case of highly urbanized cities, that the average annual income of the proposed municipality meets the minimum income requirement and that its creation will not reduce the income, based on 1991 constant prices, of the original LGU or LGUs to less than the prescribed minimum.

(b) Certification by the NSO as to population of the proposed municipality and that its creation will not reduce the population of the original LGU or LGUs to less than the prescribed minimum.

(c) Certification by the LMB that the land area of the proposed municipality meets the minimum land area requirements and that its creation will not reduce the land area of the original LGU or LGUs to less than the prescribed minimum.

(d) Map of the original LGU or LGUs, indicating the areas to be created into a municipality. The map shall be prepared by the provincial, city, or district engineer as the case may be and shall clearly indicate the road network within the proposed city,

(e) Certification by the LMB that disposable and alienable public lands are
available in the area to be created into a municipality sufficient to meet its growing population and the following purposes.

1. Government center site of not less than five thousand (5,000) square meters which shall include the municipal hall site and those of other government buildings.

2. Market site of not less than five thousand (5,000) squres meters, located out of view of the municipal hall, schools, plaza, and cemetery and near but not along a provincial road, railroad station, navigable river, or sea.

3. Plaza or park of not less than five thousand (5,000) square meters located preferably in front of the municipal hall.

4. School site of not less than five thousand (5,000) square meters, in well-drained location that conforms with the requirements prescribed by public school authorities, and

5. Cemetery Site of not less than five thousand (5,000) square meters for
every ten thousand (10,000) population which conforms with the requirements prescribed by health authorities.

(f) Number and nature of existing industrial and commercial establishments in the territory of the proposed municipality as certified by NSO;
(g) Sources of potable water supply for the inhabitants as certified by LWUA or MWSS, as the case may be;
(h) Facilities, plans, and site for sewerage, garbage and waste disposal as
certified by the local engineer; and
(i) Such other information that the petitioners may deem relevant for
consideration in the petition.
(j) All cost incurred in the production of the required documents shall be
borne by the petitioning LGUs.

3. Plebiscite –

(a) Upon the affectivity of the law creating a municipality, the Comelec shall conduct a plebiscite in the LGUs directly affected within one hundred twenty (120) days or within the period specified in the law.

(b) The Comelec shall conduct an intensive information campaign in the LGU concerned at least twenty (20) days prior to the plebiscite. For this purpose, the Comelec may seek the assistance of national and local government officials, mass media, NGO’S, and other interested parties.

(C) Beginning of Corporate existence – When a municipality is created, its corporate
existence shall commence upon the election and qualification of its mayor and a majority of the members of its sanggunian, unless some other time is fixed therefor by the law creating it.