CODAL:

CHAPTER 2. - GENERAL POWERS AND ATTRIBUTES OF LOCAL

GOVERNMENT UNITS

SECTION 6. Authority to Create Local Government Units. - A local

government unit may be created, divided, merged, abolished, or its
boundaries substantially altered either by law enacted by Congress in the
case of a province, city, municipality, or any other political subdivision, or
by ordinance passed by the Sangguniang Panlalawigan or Sangguniang
Panlungsod concerned in the case of a Barangay located within its
territorial jurisdiction, subject to such limitations and requirements
prescribed in this Code.

SECTION 7. Creation and Conversion. - As a general rule, the creation of a

local government unit or its conversion from one level to another level
shall be based on verifiable indicators of viability and projected capacity to
provide services, to wit:

(a) Income. - It must be sufficient, based on acceptable standards, to

provide for all essential government facilities and services and
special functions commensurate with the size of its population, as
expected of the local government unit concerned;

(b) Population. - It shall be determined as the total number of

inhabitants within the territorial jurisdiction of the local government
unit concerned; and

(c) Land Area. - It must be contiguous, unless it comprises two or more

islands or is separated by a local government unit independent of
the others; properly identified by metes and bounds with technical
descriptions; and sufficient to provide for such basic services and
facilities to meet the requirements of its populace. Compliance with
the foregoing indicators shall be attested to by the Department of
Finance (DOF), the National Statistics Office (NSO), and the Lands
Management Bureau (LMB) of the Department of Environment and
Natural Resources(DENR).

SECTION 8. Division and Merger. - Division and merger of existing local

government units shall comply with the same requirements herein
prescribed for their creation: Provided however, That such division shall
not reduce the income, population, or land area of the local government
unit or units concerned to less than the minimum requirements prescribed
in this Code: Provided, further, That the income classification of the
original local government unit or units shall not fall below its current
income classification prior to such division.
The income classification of local government units shall be updated
within six (6) months from the effectivity of this Code to reflect the changes
in their financial position resulting from the increased revenues as
provided herein.

SECTION 9. Abolition of Local Government Units. - A local government unit

may be abolished when its income, population, or land area has been
irreversibly reduced to less than the minimum standards prescribed for its
creation under Book III of this Code, as certified by the national agencies
mentioned in Section 17 hereof to Congress or to the Sanggunian
concerned, as the case may be.

The law or ordinance abolishing a local government unit shall specify the
province, city, municipality, or Barangay with which the local government
unit sought to be abolished will be incorporated or merged.

SECTION 10. Plebiscite Requirement. - No creation, division, merger, abolition,

or substantial alteration of boundaries of local government units shall take
effect unless approved by a majority of the votes cast in a plebiscite called
for the purpose in the political unit or units directly affected. Said plebiscite
shall be conducted by the Commission on Elections (Comelec) within one
hundred twenty (120) days from the date of effectivity of the law or
ordinance effecting such action, unless said law or ordinance fixes another
date.

SECTION 14. Beginning of Corporate Existence. - When a new local

government unit is created, its corporate existence shall commence upon
the election and qualification of its chief executive and a majority of the
members of its Sanggunian, unless some other time is fixed therefor by
the law or ordinance creating it.

SECTION 15. Political and Corporate Nature of Local Government Units. -

Every local government unit created or recognized under this Code is a
body politic and corporate endowed with powers to be exercised by it in
conformity with law. As such, it shall exercise powers as a political
subdivision of the national government and as a corporate entity
representing the inhabitants of its territory.

LOCAL GOVERNMENT UNITS

TITLE ONE. – THE BARANGAY
CHAPTER 1. – ROLE AND CREATION OF THE BARANGAY

SECTION. 384. Role of the Barangay. - As the basic political unit, the Barangay
serves as the primary planning and implementing unit of government
policies, plans, programs, projects, and activities in the community, and as
a forum wherein the collective views of the people may be expressed,
crystallized and considered, and where disputes may be amicably settled.

SECTION. 385. Manner of Creation. - A Barangay may be created, divided,

merged, abolished, or its boundary substantially altered, by law or by an
ordinance of the Sangguniang Panlalawigan or Sangguniang Panlungsod,
subject to approval by a majority of the votes cast in a plebiscite to be
conducted by the Comelec in the local government unit or units directly
affected within such period of time as may be determined by the law or
ordinance creating said Barangay. In the case of the creation of
Barangays by the Sangguniang Panlalawigan, the recommendation of the
Sangguniang Bayan concerned shall be necessary.

TITLE TWO. - THE MUNICIPALITY

CHAPTER 1 - ROLE AND CREATION OF THE MUNICIPALITY

SECTION. 441. Manner of Creation. - A municipality may be created, divided,

merged, abolished, or its boundary substantially altered only by an Act of
Congress and subject to the approval by a majority of the votes cast in a
plebiscite to be conducted by the Comelec in the local government unit or
units directly affected. Except as may otherwise be provided in the said
Act, the plebiscite shall be held within one hundred twenty (120) days from
the date of its effectivity.

SECTION. 442. Requisites for Creation. - (a) A municipality may be created if it

has an average annual income, as certified by the provincial treasurer, of
at least Two million five hundred thousand pesos (P=2,500,000.00) for the
last two (2) consecutive years based on the 1991 constant prices; a
population of at least twenty-five thousand (25,000) inhabitants as certified
by the National Statistics Office; and a contiguous territory of at least fifty
(50) square kilometers as certified by the Lands Management Bureau:
Provided, That the creation thereof shall not reduce the land area,
population or income of the original municipality or municipalities at the
time of said creation to less than the minimum requirements prescribed
herein.

(b) The territorial jurisdiction of a newly-created municipality shall be

properly identified by metes and bounds. The requirement on land
area shall not apply where the municipality 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.

(c) The average annual income shall include the income accruing to
the general fund of the municipality concerned, exclusive of special
funds, transfers and non-recurring income.
(d) Municipalities existing as of the date of the effectivity of this Code
shall continue to exist and operate as such. Existing municipal
districts organized pursuant to presidential issuances or executive
orders and which have their respective set of elective municipal
officials holding office at the time of the effectivity of this Code shall
henceforth be considered as regular municipalities.

TITLE THREE. - THE CITY

CHAPTER 1 - ROLE AND CREATION OF THE CITY

SECTION. 449. Manner of Creation. - A city may be created, divided, merged,

abolished, or its boundary substantially altered, only by an Act of
Congress, and subject to approval by a majority of the votes cast in a
plebiscite to be conducted by the Comelec in the local government unit or
units directly affected. Except as may otherwise be provided in such Act,
the plebiscite shall be held within one hundred twenty (120) days from the
date of its effectivity.

SECTION. 450. Requisites for Creation. - (a) A municipality or a cluster of

Barangays may be converted into a component city if it has an average
annual income, as certified by the Department of Finance, of at least
Twenty million pesos (Php20,000,000.00) for the last two (2) consecutive
years based on 1991 constant prices, and if it has either of the following
requisites:

(i) a contiguous territory of at least one hundred (100) square

kilometers, as certified by the Lands Management Bureau;
or,

(ii) a population of not less than one hundred fifty

thousand(150,000) 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 city shall be properly

identified by metes and bounds. The requirement on land area shall
not apply where the city 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.

(c) The average annual income shall include the income accruing to
the general fund, exclusive of special funds, transfers, and nonrecurring income.
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SECTION. 451. Cities, Classified. - A city may either be component or highly
urbanized: Provided, however, That the criteria established in this Code
shall not affect the classification and corporate status of existing cities.
Independent component cities are those component cities whose charters
prohibit their voters from voting for provincial elective officials.
Independent component cities shall be independent of the province.

SECTION. 452. Highly Urbanized Cities. - (a) Cities with a minimum population
of two hundred thousand (200,000) inhabitants, as certified by the
National Statistics Office, and with the latest annual income of at least
Fifty Million Pesos(Php50,000,000.00) based on 1991 constant prices, as
certified by the city treasurer, shall be classified as highly urbanized cities.

(b) Cities which do not meet the above requirements shall be

considered component cities of the province in which they are
geographically located. If a component city is located within the
boundaries of two (2) or more provinces, such city shall be
considered a component of the province of which it used to be a
municipality.

(c) Qualified voters of highly urbanized cities shall remain excluded

from voting for elective provincial officials.

Unless otherwise provided in the Constitution or this Code, qualified

voters of independent component cities shall be governed by their
respective charters, as amended, on the participation of voters in
provincial elections.

Qualified voters of cities who acquired the right to vote for elective
provincial officials prior to the classification of said cities as highlyurbanized after the
ratification of the Constitution and before the
effectivity of this Code, shall continue to exercise such right.

SECTION. 453. Duty to Declare Highly Urbanized Status. - It shall be the duty
of the President to declare a city as highly urbanized within thirty (30) days
after it shall have met the minimum requirements prescribed in the
immediately preceding section, upon proper application therefor and
ratification in a plebiscite by the qualified voters therein.

TITLE FOUR. - THE PROVINCE

CHAPTER 1 - ROLE AND CREATION OF THE PROVINCE

SECTION. 460. Manner of Creation. - A province may be created, divided,

merged, abolished, or its boundary substantially altered, only by an Act of
Congress and subject to approval by a majority of the votes cast in a
plebiscite to be conducted by the Comelec in the local government unit or
units directly affected. The plebiscite shall be held within one hundred
twenty (120) days from the date of effectivity of said Act, unless otherwise
provided therein.

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(Php20,000,000.00) 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 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.

SECTION. 462. Existing Sub-Provinces. - Existing sub- provinces are hereby

converted into regular provinces upon approval by a majority of the votes
220
cast in a plebiscite to be held in the said subprovinces and the original
provinces directly affected. The plebiscite shall be conducted by the
Comelec simultaneously with the national elections following the effectivity
of this Code.

The new legislative districts created as a result of such conversion shall

continue to be represented in Congress by the duly-elected
representatives of the original districts out of which said new provinces or
districts were created until their own representatives shall have been
elected in the next regular congressional elections and qualified.
The incumbent elected officials of the said sub- provinces converted into
regular provinces shall continue to hold office until June 30, 1992. Any
vacancy occurring in the offices occupied by said incumbent elected
officials, or resulting from expiration of their terms of office in case of a
negative vote in the plebiscite results, shall be filled by appointment by the
President. The appointees shall hold office until their successors shall
have been elected in the regular local elections following the plebiscite
mentioned herein and qualified. After effectivity of such conversion, the
President shall fill up the position of governor of the newly-created
province through appointment if none has yet been appointed to the same
as hereinbefore provided, and shall also appoint a vice-governor and the
other members of the Sangguniang Panlalawigan, all of whom shall
likewise hold office until their successors shall have been elected in the
next regular local elections and qualified.

All qualified appointive officials and employees in the career service of the
said sub-provinces at the time of their conversion into regular provinces
shall continue in office in accordance with civil service law, rules and
regulations.

CASES:

Case. No: 1 Title: Camid v. Office of the President

GR NO. 161414 | Date: January 17, 2005

Ponente: Tinga, J.

 
Facts:

Among the EOs annulled in the case of Pelaez v. Auditor General was EO No. 107
creating the Municipality of Andong. Petitioner herein contends that Andong is still in
existence and the same is evidenced by the presence of chairmen in its 17 barangays,
public officials, high school, etc.

Issue:  
Is Andong entitled to recognition as a de facto municipal corporation?
Ruling: 
 
NO. There are eminent differences between Andong and municipalities such as San
Andres, Alicia, and Sinacaban. Most prominent is the fact that the executive order
creating Andong was expressly annulled by order of this Court in 1965. If we were to
affirm Andong’s de facto status by reason of its alleged continued existence despite its
nullification, we would in effect be condoning defiance of a valid order of this Court. 
Above all, it was held that whatever doubt there might be as to the de jure character of
the municipality must be deemed to have been put to rest by the Local Government
Code of 1991 (R. A. No. 7160), 442(d) of which provides that "municipal districts
organized pursuant to presidential issuances or executive orders and which have their
respective sets of elective officials holding office at the time of the effectivity of this
Code shall henceforth be considered as regular municipalities.

ADDITIONAL NOTES: In Municipality of San Narciso, Quezon v. Mendez, Sr., this

Court considered the following factors as having validated the creation of a municipal
corporation, which, like the Municipality of Sinacaban, was created by executive order of
the President before the ruling in Pelaez v. Auditor General: (1) the fact that for nearly
30 years the validity of the creation of the municipality had never been
challenged; (2) the fact that following the ruling in Pelaez no quo warranto suit
was filed to question the validity of the executive order creating such
municipality; and (3) the fact that the municipality was later classified as a fifth
class municipality, organized as part of a municipal circuit court and considered
part of a legislative district in the Constitution apportioning the seats in the
House of Representatives.

Case No. 2: League of Cities vs. COMELEC

G.R. No. 176951 | Feb. 15, 2011, MR

CARPIO, J.
Facts: 

These are consolidated petitions for prohibition with prayer for the issuance of a writ of
preliminary injunction or temporary restraining order filed by the League of Cities of the
Philippines, City of Iloilo, City of Calbayog, and Jerry P. Treñas assailing the
constitutionality of the subject Cityhood Laws and enjoining the Commission on
Elections (COMELEC) and respondent municipalities from conducting plebiscites
pursuant to the Cityhood Laws.

Issue: Because they are not written in the Local Government Code, is the exemption
clause in the 16 Cityhood Laws unconstitutional?

Ruling: YES. This is fatal to the cause of respondent municipalities because such
exemption must appear in RA 9009 as an amendment to Section 450 of the Local
Government Code. The Constitution requires that the criteria for the conversion of a
municipality into a city, including any exemption from such criteria, must all be written in
the Local Government Code.

Section 10 of Article X is similar to Section 16, Article XII of the Constitution

prohibiting Congress from creating private corporations except by a general law.
Section 16 of Article XII provides: The Congress shall not, except by general
 law, provide for the formation, organization, or regulation of private
corporations. Government-owned or controlled corporations may be created or
established by special charters in the interest of the common good and subject to
the test of economic viability. (Emphasis supplied)

Thus, Congress must prescribe all the criteria for the "formation, organization, or
regulation" of private corporations in a general law applicable to all without
discrimination. Congress cannot create a private corporation through a special law or
charter.

Case. No: 3  Navarro vs. Sec. Ermita

GR NO. GR No. 180050 | April 12, 2011, MR

Ponente: NACHURA, J

Facts: 

October 2, 2006, the President of the Republic approved into law Republic Act (R.A.)
No. 9355 (An Act Creating the Province of Dinagat Islands). 

December 3, 2006, the Commission on Elections (COMELEC) conducted the

mandatory plebiscite for the ratification of the creation of the province under the Local
Government Code (LGC). The plebiscite yielded 69,943 affirmative votes and 63,502
negative votes. With the approval of the people from both the mother province of
Surigao del Norte and the Province of Dinagat Islands (Dinagat).

May 12, 2010, movants-intervenors raised three (3) main arguments to challenge the
above Resolution, namely: (1) that the passage of R.A. No. 9355 operates as an act of
Congress amending Section 461 of the LGC; (2) that the exemption from territorial
contiguity, when the intended province consists of two or more islands, includes the
exemption from the application of the minimum land area requirement; and (3) that the
Operative Fact Doctrine is applicable in the instant case.

Issue/s:  

1. Is RA 9355, An Act Creating the Province of Dinagat Islands, valid and

constitutional?

2. Is a province-to-be consisting of one (1) or more islands exempt from the land
area
requirement as provided in Article 9(2) of the IRR?
Ruling: 

1. Yes. The Honorable Supreme Court ruled that Republic Act No. 9355 is as
VALID and CONSTITUTIONAL, and the proclamation of the Province of Dinagat
Islands and the election of the officials thereof are declared VALID. Chambers of
Congress definitively show the clear legislative intent to incorporate into the LGC
that exemption from the land area requirement, with respect to the creation of a
province when it consists of one or more islands, as expressly provided only in
the LGC-IRR. Thereby, and by necessity, the LGC was amended by way of the
enactment of R.A. No. 9355.
2. Yes. What is more, the land area, while considered as an indicator of viability of a
local government unit, is not conclusive in showing that Dinagat cannot become a
province, taking into account its average annual income of ₱82,696,433.23 at the time of its
creation, as certified by the Bureau of Local Government Finance, which is four times more than
the minimum requirement of ₱20,000,000.00 for the creation of a province. The delivery of basic
services to its constituents has been proven possible and sustainable. Rather than looking at
the results of the plebiscite and the May 10, 2010 elections as mere fait accompli circumstances
which cannot operate in favor of Dinagat’s existence as a province, they must be seen from the
perspective that Dinagat is ready and capable of becoming a province. This Court should not be
instrumental in stunting such capacity. 

Take Away: Ratio legis est anima. The spirit rather than the letter of the law. A statute must be
read according to its spirit or intent, for what is within the spirit is within the statute although it is
not within its letter, and that which is within the letter but not within the spirit is not within the
statute. Put a bit differently, that which is within the intent of the lawmaker is as much within the
statute as if within the letter, and that which is within the letter of the statute is not within the
statute unless within the intent of the lawmakers. Withal, courts ought not to interpret and should
not accept an interpretation that would defeat the intent of the law and its legislators.

Case. No: 4 Title: Miranda v. Aguirre (Executive Secretary)

GR NO. 133064 | Date: September 16, 1999

Ponente: J. Puno

Facts: Questioned herein is the constitutionality of RA 8528 which converted the city of
Santiago, Isabela from an independent component city to a component city. It must be
remembered that the same place was converted from a municipality to an independent
component city by RA 7720. Such conversion was ratified on a plebiscite. Ergo, RA
8528 amended RA 7720. Petitioner herein, Mayor of subject city argued that absent a
provision in R.A. No. 8528 submitting the law for ratification by the people of Santiago
City in a proper plebiscite makes it invalid and unconstitutional.

Issue: Does the downgrading of Santiago City from an independent component city to a mere
component city under R.A. No. 8528 require the approval of the people of Santiago City in a
plebiscite?

Ruling: 
For index card: YES, the Constitution requires a plebiscite. Thus, RA 8528 is void and
unconstitutional. The power to create, divide, merge, abolish or substantially alter boundaries of
local government units belongs to Congress. However, the exercise of the power must be in
accord with the mandate of the Constitution. It is clear that Section 10, Article X of the 1987
Constitution imposes two conditions — first, the creation, division, merger, abolition or
substantial alteration of boundary of a local government unit must meet the criteria fixed by the
Local Government Code on income, population and land area and second, the law must be
approved by the people "by a majority of the votes cast in a plebiscite in the political units
directly affected."
Ratio decidendi, no need to be written on index card:
Section 10, Article X of the 1987 Constitution provides: No province, city, municipality, or
barangay may be created, or divided, merged, abolished, or its boundary substantially altered
except in accordance with the criteria established in the local government code and subject to
approval by a majority of the votes cast in a plebiscite in the political units directly affected.
This constitutional requirement is reiterrated in Section 10, Chapter 2 of the Local Government
Code (R.A. No. 7160), thus: Sec. 10. No province, city, municipality, or barangay may be
created, divided, merged, abolished, or its boundary substantially altered except in accordance
with the criteria established in the local government code and subject to approval by a majority
of the votes cast in a plebiscite in the political units directly affected.
A close analysis of the said constitutional provision will reveal that the creation, division, merger,
abolition or substantial alteration of boundaries of local government units involve a common
denominator — material change in the political and economic rights of the local government
units directly affected as well as the people therein. It is precisely for this reason that the
Constitution requires the approval of the people "in the political units directly affected." It is not
difficult to appreciate the rationale of this constitutional requirement. 
 

Case. No: 5 Title: Umali v. COMELEC

GR NO. 203974| Date: April 22, 2014

Ponente: J. Velasco
FACTS:
The Sangguniang Panglungsod of Cabanatuan City passed Resolution No. 183-2011,
requesting the President to declare the conversion of Cabanatuan City from a component city of
the province of Nueva Ecija into a highly urbanized city (HUC). The President issued a
Presidential Proclamation proclaiming the City of Cabanatuan as an HUC subject to “ratification
in a plebiscite by the qualified voters therein, as provided for in Section 453 of the Local
Government Code of 1991.” Respondent argued that for purposes of the plebiscite for the
conversion of Cabanatuan City from component city to highly-urbanized city, only those
registered residents of Cabanatuan City should participate in the said plebiscite. Petitioner then
countered through a verified motion for reconsideration maintaining that the proposed
conversion in question will necessarily and directly affect the mother province of Nueva Ecija.
ISSUES: 

1. Must a law be passed converting a city into a highly urbanized city?

2. In the plebiscite for the proposed conversion of Cabanatuan City to a highly urbanized
city, who are qualified to cast their votes: the registered voters of Cabanatuan City only
or the registered voters of the province of Nueva Ecija?
RULING:

1. Must a law be passed converting a city into a highly urbanized city?

No. No further legislation is necessary before the city proposed to be converted becomes
eligible to become an HUC through ratification, as the basis for the delegation of the legislative
authority is the very LGC. With the twin criteria of standard and plebiscite satisfied, the
delegation to LGUs of the power to create, divide, merge, abolish or substantially alter
boundaries has become a recognized exception to the doctrine of non-delegation of legislative
powers.Congress delegated such power to the Sangguniang Panlalawigan or Sangguniang
Panlungsod to create barangays pursuant to Sec. 6 of the LGC, which provides:
Section 6. Authority to Create Local Government Units. - A local government unit may be
created, divided, merged, abolished, or its boundaries substantially altered either by law
enacted by Congress in the case of a province, city, municipality, or any other political
subdivision, or by ordinance passed by the sangguniang panlalawigan or sangguniang
panlungsod concerned in the case of a barangay located within its territorial jurisdiction, subject
to such limitations and requirements prescribed in this Code."

2. In the plebiscite for the proposed conversion of Cabanatuan City to a highly urbanized
city, who are qualified to cast their votes: the registered voters of Cabanatuan City only
or the registered voters of the province of Nueva Ecija?

The entire province of Nueva Ecija. It can be gleaned from the above-cited rule that the province
will inevitably suffer a corresponding decrease in territory brought about by Cabanatuan City’s
gain of independence. With the city’s newfound autonomy, it will be free from the oversight
powers of the province, which, in effect, reduces the territorial jurisdiction of the latter. What
once formed part of Nueva Ecija will no longer be subject to supervision by the province. In
more concrete terms, Nueva Ecija stands to lose 282.75 sq. km. of its territorial jurisdiction with
Cabanatuan City’s severance from its mother province.  This is equivalent to carving out almost
5% of Nueva Ecija’s 5,751.3 sq. km. area. This sufficiently satisfies the requirement that the
alteration be “substantial.”
KEY TAKE-AWAY:
Conversion to a highly-urbanized city is substantial alteration of boundaries governed by Sec.
10, Art. X and resultantly, said provision applies, governs and prevails over Sec. 453 of the
LGC. 

BAR Q’s:

2004 BAR 
Madako is a municipality composed of 80 barangays, 30 west of Madako River,
and 50 east thereof. The 30 western barangays, feeling left out of economic
initiatives, wish to constitute themselves into a new and separate town to be
called Masigla. Suppose that one year after Masigla was constituted as a
municipality, the law creating it is voided because of defects. Would that
invalidate the acts of the municipality and/or its municipal officers? Explain
briefly. 

Suggested Answer:
NO. It will not invalidate the acts of the municipality and/or its officers.
The law creating the municipality was an operative fact before it was declared
unconstitutional. It resulted in consequences that cannot be justly ignored. Hence,
although the municipality cannot be considered as a de facto corporation, the acts of the
municipality and its officers should be given effects as a matter of fairness and justice. 

2014 BAR 
From an existing province, Wideland, Congress created a new province, Hundred
Isles, consisting of several islands, with an aggregate area of 500 square
kilometers. The law creating Hundred Isles was duly approved in a plebiscite
called for that purpose. Juan, a taxpayer and a resident of Wideland, assailed the
creation of Hundred Isles claiming that it did not comply with the area
requirement as set out in the Local Government Code, i.e., an area of at least
2,000 square kilometers. The proponents justified the creation, however, pointing
out that the Rules and Regulations Implementing the Local Government Code
states that “the land area requirement shall not apply where the proposed
province is composed of one (1) or more islands.” Accordingly, since the new
province consists of several islands, the area requirement need not be satisfied.
How tenable is the position of the proponents? 

Suggested Answer:
The proponents’ contention is with merits.
Art. 461 of the Local Government Code provides the general rule that the aggregate
area should comply with what was set out by the LGC, that is, 2,000 square kilometers.
However, such law submits an exception and that is given under paragraph b of the
same law, which states that the territory need not be contiguous if it comprises two (2)
or more islands. This exception is in line with what is given by the IRR, the law assailed
by the proponents. Hence, the creation of the hundred Isles is valid despite it having an
aggregate area of only 500 square kilometers since it consisted of several islands. 

2015 BAR 
On August 15, 2015, Congresswoman Dina Tatalo filed and sponsored House Bill
No. 5432, entitled "An Act Providing for the Apportionment of the Lone District of
the City of Pangarap." The bill eventually became law, R.A. No. 1234. It mandated
that the lone legislative district of the City of Pangarap would now consist of two
(2) districts. For the 2016 elections, the voters of the City of Pangarap would be
classified as belonging to either the first or second district, depending on their
place of residence. The constituents of each district would elect their own
representative to Congress as well as eight (8) members of the Sangguniang
Panglungsod. R.A. No. 1234 apportioned the City's barangays. The COMELEC
thereafter promulgated Resolution No. 2170 implementing R.A. No. 1234. Piolo
Cruz assails the COMELEC Resolution as unconstitutional. According to him,
R.A. No. 1234 cannot be implemented without conducting a plebiscite because
the apportionment under the law falls within the meaning of creation, division,
merger, abolition, or substantial alteration of boundaries of cities under Section
10, Article X of the 1987 Constitution. Is the claim correct? Explain. 

Suggested Answer:
NO. Piolo Cruz’s claim is incorrect.
Under Section 10, Art. X, of the 1987 Constitution, a plebiscite is required to carry out
any creation, division, merger, abolition, or alteration of the boundary of a local
government unit. However, no plebiscite requirement exists under the apportionment or
reapportionment provision under Art. VI, section 5. In the case at hand, it is clear that
there is a mere apportionment. The territory remains whole and intact. The
implementation of R.A. No. 1234 only seeks to add another legislative district and
delineate the city into two districts for purposes of representation in the House of
Representatives. Hence, Article X, Section 10, of the Constitution is not applicable in
this case.
 

2016 BAR
A law converted the component city of Malumanay, Laguna into a highly
urbanized city. The Local Government Code (LGC) provides that the conversion
"shall take effect only after it is approved by the majority of votes cast in a
plebiscite to be held in the political units directly affected." Before the COMELEC,
Mayor Xenon of Malumanay City insists that only the registered voters of the city
should vote in the plebiscite because the city is the only political unit directly
affected by the conversion. Governor Yuri asserts that all the registered voters of
the entire province of Laguna should participate in the plebiscite, because when
the LGC speaks of the "qualified voters therein," it means all the voters of all the
political units affected by such conversion, and that includes all the voters of the
entire province. He argues that the income, population and area of Laguna will be
reduced. Who, between Mayor Xenon and Governor Yuri, is correct? Explain your
answer.

Suggested Answer:
Governor Yuri is correct in asserting that all the registered voters of the entire
province should vote in the plebiscite.
The case of Tan v. Comelec provided the scope of the required plebiscite. It furthered
that if what is involved is a municipality or component city, the plebiscite should be
province wide. Moreover, Article X, Sec. 10, of the 1987 Constitution, provides that the
votes should be casted by the registered voters in the political units directly affected. In
the case at hand,  the conversion of the City of Malumanay into a highly urbanized city
will adversely affect the Province of Laguna and its residents. The territory of the
Province of Laguna will be reduced. Its share in the internal revenue allotment will be
reduced. Once the City of Malumanay becomes a highly urbanized city, the Province of
Laguna will no longer share in the taxes collected by the City of Malumanay. The City of
Malumanay will be under the supervision of the President instead of the Province of
Laguna. Decisions of the City of Malumanay in administrative cases involving barangay
officials will no longer be appealable to the Sangguniang Panlalawigan, and the
registered voters of the City of Malumanay will no longer be entitled to vote for
provincial officials. To limit the plebiscite to the voters of the City of Malumanay would
nullify the principle of majority rule.