Legal Basis for Classification of Highly Urbanized Cities
- Section 452 of Republic Act No. 7160 (Local Government Code of 1991) defines the criteria for cities to be classified as highly urbanized.
- Requirements include:
- Minimum population of 200,000 inhabitants as certified by the National Statistics Office (NSO).
- Minimum annual income of at least Fifty Million pesos (P50,000,000.00) based on 1991 constant prices, certified by the city treasurer.
Presidential Authority and Duty in Conversion
- Section 453 of the LGC mandates the President to declare a component city as highly urbanized within 30 days after the city meets the minimum requirements.
- The declaration is made upon application by the component city.
Procedural Requirements for Conversion
- The conversion process follows specific rules under the Implementing Rules and Regulations (IRR) of the LGC:
- Resolution: The city’s Sanggunian must pass a resolution endorsed by the city mayor requesting conversion.
- Certifications: The city must submit certifications as to its population and income.
- Declaration: The President must verify requirements and declare the city highly urbanized within 30 days after receipt of the resolution.
- Plebiscite: Within 120 days from presidential declaration, the Commission on Elections (COMELEC) must conduct a plebiscite to ratify the conversion.
- Information Campaign: COMELEC must conduct a comprehensive campaign involving national/local officials, media, NGOs, and other stakeholders before the plebiscite.
Specific Case of City of Tarlac
- The Sangguniang Panlungsod of Tarlac passed Resolution No. 78, series of 2005, asking for conversion to highly urbanized status.
- Tarlac met the population and income requirements under Section 452 of the LGC.
- Presidential Proclamation No. 940 was issued by President Gloria Macapagal-Arroyo on October 27, 2005, declaring Tarlac as a highly urbanized city.
Conditional Effectivity of the Proclamation
- The proclamation’s effectivity is conditioned upon ratification by a majority of qualified voters in a plebiscite.
- This requirement aligns with Section 453 of the LGC, ensuring local consent in the change of city status.
Formalization and Authentication
- The proclamation was signed by the President and the Executive Secretary.
- The official seal of the Republic of the Philippines was affixed, formalizing the declaration.