Legal basis for city conversion
- The Memorandum Circular expressly anchors municipal-to-city conversion on Section 7, 449, and 450 of Republic Act No. 7160 (the Local Government Code of 1991).
- Section 7, 449, and 450 of Republic Act No. 7160 are identified as the statutory basis that allows a municipality to be converted into a city if it meets required criteria.
Policy rationale for the moratorium
- The Memorandum Circular directs that conversion to a higher level of local government should be conditioned on a clear manifestation of economic growth and social transformation.
- Conversion should be evaluated in light of the general health of the local economy, employment opportunities, and the availability and access to basic urban services and facilities.
- Conversion should consider adequate and well-maintained physical infrastructure and utilities, including power and water and telecommunication services.
- Conversion should take into account development factors such as suitable spaces and sites for business and accessibility to other urban and growth centers.
Government service and urban development considerations
- Conversion should seriously consider opportunities for socio-economic and commercial development, including the growth of service-sector production and employment.
- Conversion should consider banking, financial, and investment centers, private sector investments, and public spending.
- Conversion should consider expansion of physical infrastructure and higher forms of transportation systems, including vehicular and pedestrian traffic engineering and management.
- Conversion should consider the rise of commercial business districts and other built-up areas, and improvements in social, entertainment, and cultural amenities.
Governance and resident preparedness
- Conversion should consider the locality’s inherent opportunities for addressing potential environmental impact and other urbanization concerns.
- Conversion should ensure that residents possess a minimum level of political awareness and participation in decision-making that leads to the grant of city status.
One-year moratorium on conversion initiation
- Section 1 enjoins all municipal mayors and other municipal officials to observe a moratorium on initiating conversion to cities.
- The moratorium period is one (1) year.
- The moratorium runs from the date of effectivity of the Memorandum Circular.
Coordination and policy recommendations
- Section 2 instructs the Secretaries of the Interior and Local Government, Finance, and Budget and Management to constitute themselves into a Policy Group.
- The Policy Group is tasked to study the pertinent provisions of law and public policy relative to the conversion of municipalities into cities.
- The Policy Group must submit recommendations within one (1) year from the date of issuance of the Memorandum Circular.
Implementation mechanics
- Section 3 provides that the Memorandum Circular takes effect immediately, making the one-year moratorium operative upon effectivity.
- The administrative instruction for policy study and recommendation is governed by the one (1) year submission timeframe under Section 2.