Local Government Code of 1991 and the SK Reform Act of 2015

Section 448

The city, consisting of more urbanized and developed barangays. serves as a general purpose government for the coordination and delivery of basic, regular, and direct services and effective governance of the inhabitants within its territorial jurisdiction.

Section 449

A city may be created, divided, merged, abolished, or its boundary substantially altered, only by an Act of Congress, and subject to approval by a majority of the votes cast in a plebiscite to be conducted by the COMELEC in the local government unit or units directly affected. Except as may otherwise be provided in such Act. the plebiscite shall be held within one hundred twenty (120) days from the date of its effectivity.

Section 450

Requisites for Creation. — (a) A municipality or a cluster of barangays may be converted into a component city if it has a locally generated average annual income, as certified by the Department of Finance, of at least One hundred million pesos (P100,000,000.00) for the last two (2) consecutive years based on 2000 constant prices, and if it has either of the following requisites: (i) a contiguous territory of at least territory of at least one hundred (100) square kilometers, as certified by the Land Management Bureau; or (ii) a population of not less than one hundred fifty thousand (150,000) inhabitants, as certified by the Philippine Statistics Authority (PSA). 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. A municipality or a cluster of barangays with a locally generated average annual income, as certified by the Department of Finance, of at least Four hundred million pesos (P400,000,000.00) for the last two (2) consecutive years based on 2012 constant prices may also be converted into a component city if it has either a population of not less than one by the PSA or a contiguous territory of at least one hundred (100) square kilometers, as certified by the Land Management Bureau; Provided, That three (3) years after the effectivity of this Act and every three (3) years thereafter, the threshold amount of Four hundred million pesos (P400,000,000.00) shall be increased by five percent (5%). (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. (d) In order to minimize the effect of conversion, the newly converted cities shall, upon enactment of this Act, bring their respective allotment derived from the national taxes as municipalities to the allotment of cities: Provided, That said portability shall be effective for a period of three (3) years from conversion into cityhood. (As amended by RA Nos 9009 and 11683)

Section 451

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 453

It shall be the duty of the President to declare a city as highly urbanized within thirty (30) days after it shall have met the minimum requirements prescribed in the immediately preceding section, upon proper application therefor and ratification in a plebiscite by the qualified voters therein.