ARTICLE X - CONSTITUTION Section 1.

The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. Section 2. The territorial and political subdivisions shall enjoy local autonomy. Section 3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units. Section 4. The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions. Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits. Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. Section 9. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law. REPUBLIC ACT NO. 7160 LOCAL GOVERNMENT CODE OF 1991

Section 43. Term of Office. (a) The term of office of all local elective officials elected after the effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of elective barangay officials: Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992. (b) No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected. (c) The term of office of barangay officials and members of the sangguniang kabataan shall be for three (3) years, which shall begin after the regular election of barangay officials on the second Monday of May 1994. CASES: BORJA V. COMELEC yJose t. Capco Jr. was elected Vice Mayor of Pateros, Manila in 1998 yIn 1998 Mayor Cesar Borja died. yHe assumed his position as Mayor by operation of law. yIn 1992 and 1995 elections he ran for Mayor and won yIn 1998 he filed a certificate of candidacy (COC) for Mayor of Pateros. yBenjamin Borja Jr., an opponent, sought his disqualification (DQ) ISSUE: WON Capco is qualified to run for Mayor in the 1998 election. HELD: Yes. He is still qualified to run. SC interpreted Sec. 8 of Article X which has been substantially reproduced in Sec 43 of the LGC. The term limit of the local elective official refers to the right to be elected and right to serve the same elective position. The two policies embodied in the provision are; To prevent establishment of Politicak dynasties and to enhance freedom of choice of the people. Hence, it is not enough that the official has served the 3 consecutive terms, but he should have been elected for the 3 consecutive terms before the DQ could apply. There are two conditions that must concur before the disqualification could apply: 1. The term of office the local official concerned has been elected 3 consecutive times and, 2. The term limit that he has fully served 3 consecutive terms

Capco has not been elected for 3 consecutive times, the first time he became Mayor was not thru election but thru succesion by operation of law. LOZANIDA V. COMELEC yRomeo Lozanida was elected Mayor of san Antonio Zambales in 1998, 1992 and 1995 yHowever in 1995 when he was proclaimed winner, his opponent Juan Alvez filed an election protest yHe aasumed office but on Feb. 2798 COMELEC ordered him to vacate his post. He di not appeal. yOn May 11, 1998 he filed a COC again as Mayor of San Antonio yEufemio Muli filed a petition to DQ Loza nida from running on the ground that he had already served 3 consecutive terms in his post. ISSUE: WON Lozanida is qualified to run for Mayor in the 1998 election HELD: Yes he is still qualified to run. There was a total failure in the 2 conditions which must concur to justify DQ. As for the term of office, He was not elected 3 times because he lost the 1995 election. He was merely proclaimed a presumptive winner. As for the term limit, he cannot be considered to had fully served the 3 consecutive terms because on February 1998 he was removed an Involuntary removal from a term which is supposed to end on June 1998. Both section 8 and 43 provide that an Involuntary renunciation of office shall be deemed an interruption in the continuity of service for the term. ADORMEO V. COMELEC yRamon Talaga Jr. was elected Mayor of Lucena City in 1992 and 1995. yHe ran in 1998 in the same position but lost to Bernard Tagarao yIn 2000 a recall election was held, he ran and won and served the unexpired term of Tagarao until 2001 yTalaga filed a COC for Mayor in 2001 elections yRaymund Adormeo, the only opponent in the position filed a DQ of Talaga on the ground that the latter was elected and had served as City Mayor for 3 consecutive terms already. yCOMELEC en banc ruled that he is qualified ISSUE: WON COMELEC en banc erred in ruling that Malaga is qualified to run HELD: COMELEC Resolution is affirmed. Talaga is qualified to run. Applying the test to warrant DQ; As for the term of office, he was not elected 3 consecutive times, in fact, he has served only 2 full terms successively since he lost in the 1998 election and during the incumbency of Mayor Tagarao, he is deemed a private citizen. As for the term limit, he was not able to serve 3 consecutive terms fully, his continuance of the unexpired term of Tagarao was only 200 to 2001. As clearly stated in Secs. 8 (consti) and 43 (LGC), which was subsequently ruled in the case of Lonzanida, his lost in

the 1998 election constitutes an involuntary severance of the full term which amounts to an interruption of the continuity of service. The comment of Fr. Bernas as regards to the service of one who is elected to continue the unexpired term of another which shall be considered as one term for the purpose of computing the number of successive terms allowed, is pertinent only to the members of the House of Representatives. Unlike Local Government Officials, there is no recall election provided for the members of the Congress. SOCRATES C. COMELEC y Edward Hagedorn has been elected and has fully served 3 consecutive terms as Mayor of Puerto Princesa, Palawan on 1992, 1995 and 1998 y In 2001, he did not run for Mayor. He ran for Governor but unfortunately he lost. y Victorino dennis Socrates was elected Mayor then y A year later, COMELEC issued a resolution for the recall of Socrates. AS special recall election was and Hagedorn filed his COC. y Petitioners Adovo, gilo and Olave seek to DQ Hagedorn on the gorun that he had fully served as Mayor of the city for 3 consecutive terms immediately prior to the instant recall election for the same post. ISSUE: WON Hagedorn is qualified to run for Mayos in the recall election HELD: yes. Hagedorn is qualified to run. Sc held that only consecutive terms count in determining the three limit rule. The law provides that voluntary renunciation of office for any length of time shall not interrupt the continuity of service. Hence, the clear intent is that involuntary severance from office for any length of time interrupts the continuity of service of consecutive terms After 3 consecutive terms, an elective official th cannot seek immediate reelection for the 4 term. However, the prohibited election refers to the next regular rd election for the same office following the 3 consecutive term. Any subsequent election like recall election is no longer covered by the prohibition and that is supported by two reasons. First, a subsequent election like recal election is no longer an immediate reelection and second the intervening period constitutes an involuntary interruption in the continuity of service. What the constitution prohibits is an immediate reelection for a 4th term following 3 consecutive terms the constitution however, does not prohibit subsequent reelection for the 4th term as long as the reelection is not immediately after the end of the 3 consecutive term. Hagedorns candidacy in the recall election on2002 is not an immediate reelection for a4th term following 3 consecutive terms which ended on june 2001. He was a private citizen after he ceased to be a mayor on 2001 until the racall election on 2002 where he won. Dissenting Opinion of Justice Davide: Hagedorn is DQ to run in the racall election, Section 8 sets the duration of a term at three years, and prohibits

elective local officials from serving for more than three consecutive terms. Conformably, with sec. 8 of Art. X of the 1987 Constitution and of sec. 43 of LGC. A local official elected in the first local election of jan 1988 may be reelected on May 1992 and 1995 but not on May 1998 because that would be his 4th term. Mayor Hagedorn was elected in May 1992, 1995 and 1998, applying the same principle, he is constitutionally and statutorily barred from seeking reelection In the May 2001 election, which would have been his fourth term and such term is a period from June 30, 2001 to june 30, 2004. LATASA V. COMELEC y Arseniop Latasa was elected Mayor of the Municipality of Digos, Davao del Sur in the 1992, 1995 and 1998 elections. y During his incumbency in 2000 the Municipality of Digos was converted into City of Digos. y On Feb, 2001, he filef his COC for Mayor stating that he is eligible and that he is running for the first time as City Mayor y On March 2001, Romeo Sunga also a candidate for City Mayor, filed before the Comelec a petition to DQ Latasa since he had already been elected and had served for 4 consecutive terms as Mayor from 1991 to 2001 ISSUE: WON Latasa is qualified to run as City Mayor HELD: No Latasa is DQ. The court noted that substantial differences do exist between a municipality and a city. For one, there is a material change in the political and economic rights into a city. However, the court also notes the delianation of metes and bounds of the city of Digos did not change even by an inch, the land area previously covered by the Municipality of Digos. Also it was noted that the elective officials of the municipality of Digos continued to exercise their powers and functions were held for the new city officials. The inhabitants are the same group of voters who elected L:atasa to be their Mayor 3 consecutive terms, to allow Latasa to vie for the position of City Mayor after having served for 3 consecutive terms as municipal mayor would obviously defeat the very intent of the framers when they wrote the exception. ONG V. ALEGRE. y Francis ong assumed office as Mayor of San Vicente, Camarines Norte on 1995, 1998 and 2001. y On 2004, Francis Ong then incumbent Mayor and Joseph Stanley Alegre filed a COC for Mayor. y Alegre filed with COMELEC, the petition to DQ the candidacy of Ong, on the gound that the latter has assumed office and discharged the duties therof for 3 consecutive terms. y The May 1992 elections proclaimed Ong as the winner. Alegre filed an election protest before the RTC, he was later on declared the duly elected mayor in the 1998 mayoralty contest, however, the decision was only

rendered on 2001 when Ong had already fully served the 1998-2001 term and was in fact already serving the 2001-2004 term as Mayor-elect. y COMELEC (1st division) dismissed the petition to DQ Ong on the ground that one for the requisites for the application of the 3-term rule is not present beacause from 1998-2001 he was not duly elected. ISSUE: WON Ongs service from 1998-2001 shall be considered one full term. HELD: The service of Ong from 1998-2001 shall be considered one full term. The court held that his proclamation by the Municipal Board of Canvasser of San Vicente as duly elected Mayor in 1998 election, coupled by his assumption of office and to finish one term, should legally be taken as service for a full term, in contemplation of the 3-term rule. As compared to Lozanida, he was able to fully serve the 1998-2001 term, while the latter was orderedto vacate his post before the expiration of his term. Unlike Lonzanida, Francis was never unseated during the term in question; he never ceased discharging his duties and responsibilities as mayor of San Vicente, Camarines Norte for the entire period covering the 19982001 term. Note: Proclamation + Assumption of office + continuous exercise of functions from start to finish = one full term.

Republic Act No. 9244 AN ACT ELIMINATING THE PREPARATORY RECALL ASSEMBLY AS A MODE OF INSTITUTING RECALL OF ELECTIVE LOCAL GOVERNMENT OFFICIALS, AMENDING FOR THE PURPOSE SECTIONS 70 AND 71, CHAPTER 5, TITLE ONE, BOOK I OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT CODE OF 1991", AND FOR OTHER PURPOSES SECTION 1. Section 70, Chapter 5, Title One, Book I of Republic Acts No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows: "Section 70. Initiation of the Recall Process.

a. The Recall of any elective provincial, city, municipal or barangay official shall be commenced by a petition of a registered voter in the local government unit concerned and supported by the registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected subject to the following percentage requirements:

1. At least twenty-five percent (25%) in the case of local government units with a voting population of not more than twenty thousand (20,000); 2. At least twenty percent (20%) in the case of local government units with a voting population of at least twenty thousand (20,000) but not more than seventy-five thousand (75,000): Provided, That in no case shall the required petitioners be less than five thousand (5,000); 3. At least fifteen percent (15%) in the case of local government nits with a voting population of at least seventy-five thousand (75,000) but not more than three hundred thousand (300,000): Provided, however, That in no case shall the required number of petitioners be less than fifteen thousand (15,000); and 4. At least ten percent (10%) in the case of local government units with a voting population of over three hundred thousand (300,000): Provided, however, That in no case shall the required petitioners be less than fortyfive thousand (45,000). b. The process of recall shall be effected in accordance with the following procedure: 1. A written petition for recall duly signed by the representatives of the petitioners before the election registrar or his representative, shall be filed with the Comelec through its office in the local government unit concerned. 2. The petition to recall shall contain the following: a. The names and addresses of the petitioners written in legible form and their signatures; b. The barangay, city or municipality, local legislative district and the province to which the petitioners belong; c. The name of the official sought to be recalled; d. A brief narration of the reasons and justifications therefore. 1. The Comelec shall, within fifteen (15) days from filing of the petition, certify to the sufficiency of required number of signatures. Failure to obtain required number of signatures automatically nullifies petition; the the the the

allowing interested parties to examine and verify the validity of the petition and the authenticity of the signatures contained therein. 3. The Comelec or its duly authorized representatives shall, upon issuance of certification, proceed independently with the verification and authentication of the signatures of the petitioners and registered voters contained therein. Representatives of the petitioners and the official sought to be recalled shall be duly notified and shall have the right to participate therein as mere observers. The filing of any challenge or protest shall be allowed within the period provided in the immediately preceding paragraph and shall be ruled upon with finality within fifteen (15) days from the date of filing of such protest or challenge; 4. Upon the lapse of the aforesaid period, the Comelec or its duly authorized representative shall announce the acceptance of candidates to the positive and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled." SEC. 2. Section 71. Chapter 5, Title One, Book I of the Republic Act No. 7160, "Local Government Code of 1991", is hereby amended to read as follows: (1) "SEC. 71. Election on Recall. - Upon the filing of a valid petition for recall with the appropriate local office of the Comelec, the Comelec or its duly authorized representative shall set the date of the election or recall, which shall not be later than thirty (30) days upon the completion of the procedure outlined in the preceding article, in the case of the barangay, city or municipal officials, and forty-five (45) days in the case of provincial officials. The officials sought to be recalled shall automatically be considered as duly registered candidate or candidates to the pertinent positions and, like other candidates, shall be entitled to be voted upon." SEC. 3. All pending petitions for recall initiated through the Preparatory Recall Assembly shall be considered dismissed upon the effectivity of this Act. SEC. 4. All laws, presidential decrees, executive orders, issuances, and rules and regulations, and parts thereof, which are inconsistent with the provisions of this Act. Are hereby repealed or modified accordingly. SEC. 5. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two 92) national newspapers of general circulation. Section 72. Effectivity of Recall. - The recall of an elective local official shall be effective only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall. Should the official sought to be recalled receive the highest number of votes,

2. If the petition is found to be sufficient in form, the Comelec or its duly authorized representative shall, within three (3) days form the issuance of the certification, provide the official sought to be recalled a copy of the petition, cause its publication a national newspaper of general circulation and a newspaper of general circulation in the locality, once a week for three (3) consecutive weeks at the expense of the petitioners and at the same time post copies thereof in public and conspicuous places for a period of not less than ten (10) days nor more than twenty (20) days, for the purpose of

confidence in him is thereby affirmed, and he shall continue in office. Section 73. Prohibition from Resignation. - The elective local official sought to be recalled shall not be allowed to resign while the recall process is in progress. Section 74. Limitations on Recall. (a) Any elective local official may be the subject of a recall election only once during his term of office for loss of confidence. (b) No recall shall take place within one (1) year from the date of the official's assumption to office or one (1) year immediately preceding a regular local election. Section 75. Expenses Incident to Recall Elections. All expenses incident to recall elections shall be borne by the COMELEC. For this purpose, there shall be included in the annual General Appropriations Act a contingency fund at the disposal of the COMELEC for the conduct of recall elections. 3rd Part ARTICLE X CONSTITUTION Section 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. LGC 1991 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 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 7 hereof to Congress or to the sangguniang 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 386. Requisites for Creation. (a) A barangay may be created out of a contiguous territory which has a population of at least two thousand (2,000) inhabitants as certified by the National Statistics Office except in cities and municipalities within Metro Manila and other metropolitan political subdivisions or in highly urbanized cities where such territory shall have a certified population of at least five thousand (5,000) inhabitants: Provided, That the creation thereof shall not reduce the population of the original barangay or

barangays to less than the minimum requirement prescribed herein. To enhance the delivery of basic services in the indigenous cultural communities, barangays may be created in such communities by an Act of Congress, notwithstanding the above requirement. (b) The territorial jurisdiction of the new barangay shall be properly identified by metes and bounds or by more or less permanent natural boundaries. The territory need not be contiguous if it comprises two (2) or more islands. (c) The governor or city mayor may prepare a consolidation plan for barangays, based on the criteria prescribed in this Section, within his territorial jurisdiction. The plan shall be submitted to the sangguniang panlalawigan or sangguniang panlungsod concerned for appropriate action. In the case of municipalities within the Metropolitan Manila Area and other metropolitan political subdivisions, the barangay consolidation plan shall be prepared and approved by the sangguniang bayan concerned. 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 (P2,500,000.00) 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 nonrecurring 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. 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 (P20,000,000.00) 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 specific funds, transfers, and non-recurring income. 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. component cities whose charters prohibit their voters from voting for provincial elective officials. Independent component cities shall be independent of the province. Independent component cities are those 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 within the latest annual income of at least Fifty Million Pesos (P50,000,000.00) based on 1991 constant prices, as certified by the city treasurer, shall be classified as highly urbanized cities. (b) Cities which do not meet 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 highly-urbanized after the ratification of the Constitution and before the effectivity of this Code, shall continue to exercise such right.

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 (P20,000,000.00) 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 comprise 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 386 BARANGAY

Section 442 MUNICIPALITY

at least P2,500,000.00)for the last 2 consecutive years. As certified by the provincial treasurer and a contiguous territory of at least fifty (50) square kilometers as certified by the Lands Management Bureau

Section 450 CITIES

at least P20,000,000.00) as certified by the Department of Finance at least 100 square kilometers, as certified by the Lands Management Bureau; not less than 150,000 inhabitants, as certified by the National Statistics Office ** income + either of the other two

Section 452 HIGHLY URABANIZED CITIES

within the latest annual income of at least P50,000,000.00 as certified by the National Statistics Office,

Section 461 PROVINCE

an average annual income, , of not less than P20,000,000.00. As certified by the Department of Finance at least two thousand (2,000) square kilometers, as certified by the Lands Management Bureau not less than two hundred fifty thousand (250,000) inhabitants as certified by the National Statistics Office ** income + either of the other two

INCOME

LAND AREA
at least 2,000 or 5000 if within Metro Manila and other metropolitan political subdivisions or in highly urbanized cities

POPULATION

a population of at least twenty-five thousand (25,000) inhabitants as certified by the National Statistics Office **all must be present

a minimum population of two hundred thousand (200,000) inhabitants as certified by the National Statistics Office ** all must be present

Note to self: dapat hindi baba sa minimum requirement ang original LGU from which the new one belongs otherwise, not legally possible na sya for being violative of sec 8 of the LGC