Legal basis and governing rules
- Section 452 of the Local Government Code (LGC) of 1991 provides the minimum population and income thresholds for classification as a highly-urbanized city.
- Section 453 of the LGC of 1991 directs that it shall be the duly of the President to declare a city highly-urbanized within thirty (30) days after the city meets the requirements in Section 452.
- The procedure for conversion follows the Rules and Regulations Implementing the LGC of 1991, including resolution submission, presidential verification, and a plebiscite by COMELEC.
- The proclamation is anchored on a government policy to support local initiatives toward fuller development as self-reliant communities and effective partners in attaining national goals.
Policy and governmental intent
- The government policy is to support local governments’ initiatives to attain their fullest development as self-reliant communities.
- The government policy is to enable local governments to become effective partners in attaining national goals.
City qualification requirements
- Section 452 of the LGC of 1991 requires a city to have a minimum population of two hundred thousand (200,000) inhabitants, as certified by the National Statistics Office.
- Section 452 also requires a latest income of at least Fifty Million Pesos (P 50,000,000.00) based on 1991 constant prices, as certified by the City Treasurer.
- The proclamation states that the City of Cabanatuan has met the minimum requirements under Section 452.
Presidential declaration authority and timing
- The President declares a city as highly-urbanized after verifying that the income and population requirements have been met.
- The President must act within thirty (30) days from receipt of the required resolution, consistent with Section 453 of the LGC of 1991.
- The proclamation declares the City of Cabanatuan as a highly-urbanized city, subject to plebiscite ratification.
Required local and presidential conversion steps
- The conversion process begins when the interested city submits a resolution adopted by its Sanggunian by a majority of all its members in a duly called meeting and approved and endorsed by the city mayor.
- The resolution must be submitted to the Office of the President of the Philippines and must be accompanied by a certification as to income and population.
- After receipt, the President verifies the city’s compliance with the income and population requirements.
- The President then issues the declaration of conversion within thirty (30) days from receipt of the resolution.
Plebiscite requirement and COMELEC conduct
- A plebiscite must be held within one hundred twenty (120) days from the President’s declaration, or within a different period as specified in the declaration.
- COMELEC conducts the plebiscite in the city proposed to be converted.
- The plebiscite must be preceded by a comprehensive information campaign conducted by COMELEC.
- The information campaign must be conducted with the assistance of national and local government officials, media, NGOs and other interested parties.
- The proclamation’s conversion takes effect only upon ratification in the plebiscite by the qualified voters therein.
Effect of proclamation and formalities
- The proclamation proclaims the City of Cabanatuan as a highly-urbanized city, but the legal effect is expressly conditioned on plebiscite ratification.
- The proclamation is signed by the President and countersigned by the Executive Secretary, PAQUITO N. OCHOA, JR..
- The proclamation is issued under the seal and authority of the Republic of the Philippines, with execution dated July 04, 2012 in Manila.