Law Summary
Scope of Application
- Applies to Section 450 of RA No. 7160 (Local Government Code of 1991) as amended by RA No. 9009 and RA No. 11683.
- Governs conversion of a municipality or a cluster of barangays into a component city.
- Includes all newly-created component cities and those whose existence commenced post-RA No. 11683.
Interpretation
- Rules to be construed in accordance with the policies and objectives of the LGC of 1991 as amended.
- DILG, DOF, and DBM shall jointly clarify any doubts or ambiguities.
Requisites for Creation of a Component City
- Two alternative sets of requisites based on income and population or land area:
- Option 1:
- Income: Locally generated average annual income of Php 100 million (2000 constant prices) for last 2 years (DOF certified).
- Population: At least 150,000 inhabitants (PSA certified).
- Or land area: contiguous area of at least 100 sq km (LMB certified).
- Option 2:
- Income: Locally generated average annual income of Php 400 million (2012 constant prices) for last 2 years (DOF certified).
- This threshold increases by 5% every 3 years after RA No. 11683 effectivity.
- Population: At least 100,000 inhabitants (PSA certified).
- Or land area: contiguous area of at least 100 sq km (LMB certified).
- Option 1:
- Land area requirement waived if composed of one or more islands; contiguity not required for multiple islands.
- Average income excludes specific funds, transfers, and nonrecurring income.
- Creation must not reduce original LGU's land area, population, or income below prescribed minima.
Required Documentation for Petition
- Certification from DOF on income requirements and impact on original LGU.
- Certification from PSA on population and impact.
- Certification from LMB on land area and impact.
- Official map indicating proposed city boundaries and road network.
- Data on existing and commercial establishments (PSA).
- Certification on potable water sources (LWUA or MWSS).
- Certification on sewerage, garbage, and waste disposal facilities (local engineer).
- Other relevant information as deemed necessary.
- Petitioners bear all document preparation costs.
National Tax Allotment (NTA) Portability
- Newly converted cities' NTA shares as municipalities will be ported to their city allotment.
- NTA distribution follows Section 285 of RA No. 7160: 50% population, 25% land area, 25% equal sharing.
- Portability applies for 3 years from conversion.
- DBM to implement adjustments in the fiscal year after receiving notice.
- Example illustrates calculation and allocation method.
Duties and Responsibilities of Agencies
- DOF:
- Issue guidelines for income certification.
- Compute and update income thresholds regularly.
- DBM:
- Compute NTA shares.
- Apply NTA portability mechanisms.
- Issue additional guidelines as needed.
- DILG:
- Disseminate information on RA No. 11683 and its IRR.
- Gather updates on city creation and share with DBM/DOF.
Final Provisions
- Repeals inconsistent or contrary issuances.
- Separability clause preserves remaining provisions if any part is invalid.
- Rules become effective 15 days after publication in the Official Gazette or two newspapers of general circulation.