ARTICLE X - LOCAL GOVERNMENT

General Provisions

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.

Constitutional Significance
The constitutional significance of Section
1
is
that
provinces,
cities,
and
municipalities and barangays have been
fixed as the standard territorial and
political subdivisions of the Philippines.
This
manner
of
subdividing
the
Philippines cannot go out of existence
except by a constitutional amendment. In
other words, under Section 1 the right of
provinces, cities, municipalities and
barangays to exist as the political and
territorial subdivisions of the State is no
longer just a statutory right but a
constitutional right.
(Bernas, 2002)

Units of local government

Local government has been described
as a political subdivision of a nation or
state which is constituted by law and has
substantial control of local affairs.

In a unitary system of government, such

as the government under the Philippine
Constitution, local government can only
be an infra-sovereign subdivision of one
sovereign nation. It cannot be an
imperium in imperio. Local government

in such a system can only mean a

measure
of
autonomy
and
decentralization of the functions of
government.

Section 1, Article X, identifies these

political and territorial subdivisions as:
a.) Provinces
A province is a political and
territorial
body
corporate
consisting
of
several
municipalities and cities.

Cities and municipalities are political and

territorial bodies composed of barrios
(barangays) and are subordinate to a
province.
Highly
urbanized
cities,
however, can be made independent of a
province.

b.) Municipalities
The municipality, consisting of a
group of barangays, serves
primarily 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.
(Sec. 440, Chapter 1, Title Two,
Book III of the Local Government
Code of 1991)
NOTE: The term municipalities
as found in the Constitution is
understood
generically
and
includes municipal districts.
(Session of November 25, 1972)

c.)Cities
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.
(Sec. 448, Chapter 1, Title
Three, Book III of the Local
Government Code of 1991)
d.) Barangays
(formerly
barrios)
A barangay is the basic political
and territorial self-governing
body
corporate
and
is
subordinate to the municipality
or city of which it forms a part.
In spite of the association of the
term
barangay
with
the
autocratic
rule
of
former
President Marcos because of P.D.
No. 557, declaring all barrios in
the Philippines as barangays,
the
1986
Constitutional
Commission chose to retain it
because of: (1) its historical
significance in Asian history, (2)
existing laws which use the
term, and (3) contemporary
references to it in political news
reports.

NOTE: As of 2014, the ARMM is

the only autonomous region that has
been created.

In addition to these, Article XVIII, Section

9 also recognizes the existence of subprovinces
which,
however,
may
eventually be either converted to
provinces or reverted to the mother
province.

SECTION 2.
THE TERRITORIAL AND POLITICAL
SUBDIVISIONS SHALL ENJOY LOCAL
AUTONOMY.
1. LOCAL AUTONOMY

e.) Autonomous Regions

An Autonomous Region is a
political
and
territorial
subdivision that has a certain
degree of freedom from the
national government.

The Constitution allows only two

autonomous regions: one for the
Cordilleras and one for Muslim
Mindanao. The creation of other
autonomous regions, whether
by dividing the Cordilleras or
Muslim Mindanao into two or by
creating others outside these
two
regions,
can
be
accomplished
only
by
constitutional amendment.

Purpose: to give the assurance that local

autonomy will not only be for Muslim
Mindanao and the Cordilleras but for all
local units.
It is more than just decentralization.
Decentralization
of
administration:
central
government
delegates
administrative powers to political
subdivisions in order to:
- broaden the base of government
powers and;
- in the process to make local
government more responsive
and accountable and;
- ensure their fullest development
as self-reliant communities and;

make them more effective

partners in the pursuit of
national development and social
progress.

Decentralization of power: an
abdication of political power in
favor of local government units
declared to be autonomous.
-

Government free to chart its

own destiny and shape its future
with minimum intervention from
central government authorities
Amounts to self-immolation

The concept of autonomy is relative.

*Autonomy for local government in
general will be less for the autonomous
regions.

DECENTRALIZATION:
Decentralization of Administration
Central government delegates
administrative powers to political
subdivisions in order to:
broaden the base of government
powers
in the process to make local
government more responsive and
accountable
ensure their fullest development as
self-reliant communities
make them more effective partners
in the pursuit of national
development and social progress
Decentralization of Power
It is an abdication of political power in
favor of local government units declared

to be autonomous.
Government free to chart its own
destiny and shape its future with
minimum intervention from central
government authorities.
Amounts to self-immolation

The constitution expanded the

autonomy of local governments,
but they have not been made
imperium in imperio. (state within a
state)
Congress may still impose limits on
the
powers
of
the
local
government.
The Commission on Audit may not
reduce the allowance given to
judges by the local governments.
The
Local
Government
Code
authorizes local governments to
give allowances to judges and
decide how much this should be.

SECTION 3.
THE CONGRESS SHALL ENACT A
LOCAL GOVERNMENT CODE THAT
WHICH SHALL PROVIDE FOR A MORE
RESPONSIVE AND ACCOUNTABLE
LOCAL GOVERNMENT STRUCTURE
INSTITUTED THROUGH A SYSTEM OF
DECENTRALIZATION WITH EFFECTIVE
MECHANISM OF RECALL, INITIATIVE,
REFERENDUM AND ALLOCATE
AMONG THE DIFFERENT LOCAL
GOVERNMENT UNITS THE POWERS,
RESPONSIBILITIES AND RESOURCES,
AND PROVIDE FOR THE
QUALIFICATIONS, ELECTIONS,
APPOINTMENT AND REMOVAL, TERM,
SALARIES, POWERS AND
FUNCTIONS, AND DUTIES OF LOCAL

GOVERNMENT OFFICIALS, AND ALL

MATTERS RELATING TO THE
ORGANIZATION AND OPERATION OF
LOCAL UNITS.

official may be
terminated by a
popular vote,
and may be
applied to both
elective and
appointed
officials

Duty of the Congress:

1. Structuring of Local Governments
Principal Guideline:
structure must be:

The Law on Recall is now

found in the local
government Code Section 70.

The

a. Responsive and
accountable
b. Instituted through a
system of
decentralization
structure
A desired structure is
a) Sensitive to the needs
of the locality
b) Sensitive to the needs
of the electorate

LOCAL INITIATIVE:
Defined

Exercise
d by
Procedur
e

c) Free from central

government
interference

Sensitivity to the needs of

the Locality
-

The Local Government

Code now provides
initiative and referendum
on the local level to
enable people to directly
propose, enact or amend
any ordinance.
One instrument of
immediate accountability
is an effective system of
Recall
RECALL
-a
procedure by
which the
tenure of the

Effectivit
y

Limitatio
ns

Legal process whereby

the registered voters of
an LGU may directly
propose, enact or amend
an ordinance.
All registered voters of
the provinces, cities,
municipalities and
barangays.
Petition proposing the
adoption,
enactment,
repeal, or amendment of
an ordinance filed with
the
sanggunian
concerned by not less
than:
1,000 in case of
provinces and cities
100
in
case
of
municipalities
50
in
case
of
barangays
15
days
after
the
Certification
by
the
COMELEC
that
the
proposition is approved
by a majority of the votes
casted.
(1)
The power of
local initiative shall
not
be
exercised
more than once a
year.
(2)
Initiative shall
extend
only
to
subjects or matters

Limitatio
ns upon
Sanggun
ians

which are within the

legal powers of the
sanggunians
to
enact.
(3)
If at any time
before the initiative
is
held,
the
sanggunian
concerned adopts in
toto the proposition
presented and the
local chief executive
approves the same,
the initiative shall
be
cancelled.
However,
those
against such action
may,
if
they
so
desire,
apply
for
initiative.
Any
proposition
or
ordinance
approved
through the system of
initiative and referendum
shall not be repealed,
modified, or amended by
the
sanggunian
concerned within six (6)
months from the date of
the approval thereof and
may
be
amended,
modified, or repealed by
the sanggunian within
three (3) years thereafter
by a vote of three-fourths
(3/4) of all its members.
Provided that in case of
barangays,
the
period
shall be eighteen (18)
months.

PROCESS FOR LOCAL INITIATIVE:

Not less than 1,000

registered voters in case of
provinces and cities, 100 in
case of municipalities, 50
in case of barangays may
file a petition with the local
legislative body,
If no favorable
actionthe
respectively
proposing
thereon
is made
by the
adoption,
enactment,
local
legislative
body of
repeal, or amendment,
within
30 ordinance
days from or
its
any law,
presentation,
the
resolution.
proponents through their
duly authorized and
registered representatives
2 or more propositions may
be submitted in an
initiative.
Proponents shall have 90
days in case of provinces
and cities, 60 days in case
of municipalities, and 30
days in case of barangays,
from notice to collect the
The petition shall be
signed before the Election
Registrar, or his designated
representative, in the
presence of a
representative of the
proponent, and a
representative of the
If the required number of
signatures is obtained, the
COMELEC shall the set a
date for the initiative for
approval of the proposition
within sixty (60) days from
the date of certification by
the COMELEC in case of
provinces and cities, 45

INITIATIVE v. REFERENDUM
LOCAL INITIATIVE
LOCAL

REFERENDUM
Its resorted to The law-making
or initiated by
body submits to
the
people
the
registered
directly
either
voters
of
its
because (1) the
territorial
law-making
jurisdiction,
for
body fails or
approval
or
refuses to enact
rejection,
any
the
law,
ordinance
or
ordinance,
resolution which
resolution or act
is duly enacted or
that they desire
approved by such
or because (2)
lawmaking
they want to
authority.
amend
or Conducted under
modify
one
the control and
already existing.
direction of the
COMELEC
Entirely the work Begun
and
of the electorate
consented to by
the
law-making
body.
Process of law- Consists merely
making by the
of the electorate
people
approving
or
themselves
rejecting
what
without
the
has been drawn
participation or
up or enacted by
against
the
a
legislative
wishes of their
body.
elected
representatives.
RECALL
Ground
for Loss of confidence
recall:
Right
given Registered voters of
to:
an LGU to which the
local elective official
subject
to
recall
belongs.
Commencem By a petition of a
ent of the registered
voter
recall
supported by:
process
(1)25%
of
registered
voters if LGU

has population
not more than
20,000
(2)20%
of
registered
voters if LGU
has
voting
population
of
20,000
to
75,000. in no
case
shall
petitioners
be
less than 5,000.
(3)15%
of
registered
voters if LGU
has
voting
population
of
75,000
to
300,000. In no
case
shall
petitioners
be
less
than
15,000.
(4)10%
of
registered
voters if LGU
has
voting
population
of
more
than
300,000. In no
case
shall
petitioners
be
less
than
45,000.
Election
recall

on

Effects
to
official
sought to be
recalled

(1)Barangay, city,
or
municipal
officials:
not
later than 30
days
from
completion.
(2)Provincial
officials:
not
later than 45
days
from
completion.
Not allowed to
resign
while
recall process is
in progress.

Effectivity of
recall

Limitations
on recall

Automatically
considered
as
candidate
and
is entitled to be
voted upon.
Upon
election
and
proclamation of
a successor. If
the
official
sought to be
recalled receive
the
highest
number
of
votes,
confidence
in
him is affirmed
and
he
shall
continue
in
office.
Local
elective
official may be
subject
of
a
recall
election
only
once
during his term
of office for loss
of confidence.
No recall shall
take
place
within one (1)
year from the
date
of
the
officials
assumption
to
office or one (1)
year
immediately
preceding
a
regular
local
election.

PROCESS OF RECALL:
Petition by a registered
voted in the LGU concerned
to
the COMELEC,
supported
Within
15 days from
filing
by the
necessary
of the
petition,amount
the
COMELEC must certify the
sufficiency of the required
number of signatures.
Failure to obtain the

Within 3 days from

certification of sufficiency,
COMELEC shall:
(1) Provide the official
subject of recall with
a copy of the
petition;
(2) Cause its publication
for 3 weeks in a
national newspaper
and a local
COMELEC verifies and
authenticates the
signatures.
COMELEC announces the
acceptance of candidates
for the recall election, the
official subject of the recall
being automatically
COMELEC shall set the
election within 30 days
upon completion of the
above procedure, LGC in
barangays, cities, and
municipalities; or within 45

LOCAL REFERENDUM:
The legal processes whereby the
registered voters of the local
government may approve, amend,
or reject any ordinance enacted by
the Sanggunian.
2. Allocation of powers,
responsibilities, and resources of
LGUs and local officials
- The present structure consists of
an executive which is distinct to
the legislative body.
- The Congress enacted RA 7160,
the Local Government Code
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 THE PRESCRIBED POWERS
AND FUNCTIONS.

I.

THE PRESIDENT
GOVERNMENTS

AND

LOCAL

The first sentence of Section 4 prescribes

the relation between the President and
local governments.
Under the 1935 Constitution, the
President
was
authorized
to
exercise general supervision over
all local government as may be
provided by law.
Thus, not only was the President
given
merely
supervisory
powers (not control), but he also
possessed
only
so
much
supervisory powers as might be
given by the statute.
General Supervision was seen during
the deliberation of the Constitutional
Commission as meaning no more than
ensuring that laws are faithfully executed
or that subordinate officers act within the
law.
Illustration:

Sec. 187 of the Local Government

Code authorizes the Secretary of
Justice to pass judgment on the
constitutionality and legality of a
tax
ordinances
or
revenue
measures.
- He does not thereby exercise
the power of control but only
supervision.
- He does not thereby dictate
what the law should be but
merely
ensures
that
the

ordinance is in accordance with

law.

that is beyond the powers

conferred upon the (municipal)
council or mayor making the
same.

The 1987 text has removed the

phrase as may be provided by law.
Because of such removal it was
argued that no law could be
provided regarding the power of the
President over local governments
and therefore the removal of the
clause divested the President the
power to investigate, suspend,
discipline
or
remove
local
officials.

Note:
The superior unit is not authorized
to
substitute
its
judgment
in
discretionary matters for that of the
inferior unit.

Notes:
Local autonomy is not instantly
self-executing, it is subject to the
passage of a local government
code.
In
spite
of
autonomy,
the
Constitution places the local
government under the general
supervision of the Executive.
The Congress is allowed to include
in the local government code
provisions for removal of local
officials,
which
suggest
that
Congress may exercise removal
powers and it can also delegate its
exercise to the President.
II.

The power is limited to ensuring

that the acts of the inferior local
government unit are not ultra
vires.

SECTION 5.
EACH LOCAL GOVERNMENT UNIT
SHALL HAVE THE POWER TO CREATE
ITS OWN SOURCES OF REVENUES
AND LEVY TAXES, FESS, 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
GOVERNMENT.

HIERARCHICAL
RELATION
AMONG LOCAL UNITS

Section 4 also provides the general

guidelines for the relations among local
government units and sets up a hierarchy
of supervisory relations.

It is established Philippine
jurisprudence that municipal
corporation possess no inherent
power to tax.

Under the 1973 Constitution, the

taxation powers of municipal
corporations were embodied in the
Local Autonomy Act of 1959, the
Assessment Law, the Barrio Charter,
and the charter of cities.

Although the trend was towards

broadening the fiscal powers of the
municipal corporation, it is still the
discretion of the Legislature to expand
or contract these powers.

The supervisory power of the

superior local government unit is
limited to ensuring that the acts of
their component units are within
the scope of their prescribed
powers and functions.
Illustration:
Under Sec. 2233 of the
Revised Administrative Code, the
provincial board can annul an act

The other sources of revenue of

municipal corporations are:
o Internal revenue allotments
from the national government
o Lease of public utilities
o Direct national aid
o Miscellaneous sources like
tuition fees

Section 5 does not change the

doctrine that municipal corporations
do not possess inherent power of
taxation. What it does is to confer
municipal corporations a general
power to levy taxes as a source of
revenue.

Subject to such guidelines and

limitations as the Congress may provide,
consistent with the basic policy of local
autonomy

The original proposal did not intend

to authorize Congress to impose
limitations but only guidelines
However, Commissioner Padilla
argued that unless Congress had
the power to impose limitations,
Congress would be powerless to
reverse actions taken by local
government. Further, the tenor of it
was the assurance that traditional
limitations applicable to Congress
would also apply to local
governments.
In line with this, Commissioner
Davide proposed the addition of
the phrase consistent with the
basic policy of local autonomy
which was also approved.
Yet, it is understood that taxes
imposed by local governments
must be for a public purpose,
uniform within locality, must not be

confiscatory, and must be within

the jurisdiction of the local unit to
pass.
SOURCES OF LGU FUNDS:
1. Own sources of revenues.
2. Taxes, fees, and charges which
accrue exclusively for their use and
disposition.
3. Just share in national taxes which
shall be automatically and directly
released to them.
4. Equitable share in the proceeds
from utilization and development of
national wealth and resources
within their territorial jurisdiction.
The other sources of revenue of
municipal corporations are:
Internal revenue allotments from
the national government
Lease of public utilities
Direct national aid
Miscellaneous sources like tuition
fees
Although the trend was towards
broadening the fiscal powers of the
municipal corporation, it is still the
discretion of the Legislature to expand
or contract these powers.

FUNDAMENTAL PRINCIPLES ON
TAXATION BY AN LGU (SEC. 130, LGC)
1. Taxation shall be uniform;
2. Taxes, fees, and charges shall be
equitable and based as far as
practicable on the taxpayers
ability to pay;
3. Levied and collected only for a
public purpose;
4. Shall not be unjust, excessive,
oppressive, or confiscatory;

5. The collection of taxes, fees, and

charges shall in no case be left to a
private person;
6. The revenue shall insure solely to
the LGU, unless otherwise
specified;
7. Each LGU shall, as far as
practicable, evolve a progressive
system of taxation;
8. Shall not be contrary to law, public
policy, national economic policy, or
in restraint of trade.

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.

Share in the National Taxes

-Another source of revenue for local units
-Amount is determined by law
-Distinct from the taxes which the local
government itself might impose
-Automatic release of the share of local
governmental taxes
Administrative Order No. 372 of
President Ramos
Sec. 1 All government departments
and agencies, including state
universities and colleges,
government-owned and controlled
corporations and local government
units will identify and implement
measures in FY 1998 that will
reduce total expenditures for the
year by at least 25% of authorized
regular appropriations for nonpersonal services items, along the
following suggested areas.

Sec. 4 Pending the assessment and

evaluation by the Development
Budget Coordinating Committee of
the emerging fiscal situation the
amount equivalent to 10% of the
internal revenue allotment to local
government units shall be
withheld.

-Sec. 1 could be read as merely advisory

and therefore not an attempt to exercise
control over local government
-Sec. 4 was found to be in contravention
of Sec. 286 of the Local Government
Code and of Section 6, Article X of the
Constitution, providing for automatic
release of the hare of local governments
in national revenues

-To subject its distribution and release to

the vagaries of the implementing rules
and regulations, including the guidelines
and mechanisms unilaterally prescribed
by the Oversight Committee from time to
time, as sanctioned by the assailed
provisos in the GAA of 1999, 2000, 2001
and the OCD resolution, makes the
release not automatic and a flagrant
violation of the constitutional and
statutory mandate that the "just share"
of the LGU shall be released to them.
-Neither Congress nor the Executive may
impose conditions on release
-The Constitution enjoins the legislative
not to pass laws that might prevent the
executive from performing its duty to
automatically release the just share of
the of local governments in the national
taxes
-The local units must be created
according to uniform and nondiscriminatory criteria prescribed by the
Local Government Code to maintain a fair
and equitable distribution of national
taxes.

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
DIRECTING BENEFITS.

Share in the proceeds from the

exploitation and development of
natural resources found within the
locality is a source of revenue for
local governments.
This can take the form of financial
benefits for the local units.
Example: Share in fees,
charges, and other incomes
coming from development

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.

This section
1) sets the term at three years; and

2) prohibits local officials from serving

for more than three consecutive
terms.
However, these two limitations do not
apply to barangay officials whose term
and number of allowable terms may be
set by law.
SECTION 9.
LEGISLATIVE BODIES OF LOCAL
GOVERNMENT SHALL HAVE SECTORAL
REPRESENTATION AS MAY BE
PRESCRIBED BY LAW.
The main objection against
provision
was
difficulty
in
implementation.

this
the

Qualifications are determined by law.

It is now provided for in the Local
Government Code.

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.
Creation,
division,
merger,
abolition, substantial change or
boundary.
It is a legacy
Constitution.

from

the

1973

According to the Pelaez case, the authority

to create municipal corporations is
essentially legislative in nature.

 However, the power to fix such common

boundary, in order to avoid or settle
conflicts of jurisdiction between adjoining
municipalities,
may
partake
of
an
administrative nature involving as it
does, the adoption of means to carry into
effect the law creating the municipalities.
Division in effect creates a new
municipality, and both dissolution and
merger in effect abolish a legal
creation, it may be fairly inferred that
they are also legislative in nature.

CREATION: SPECIFIC REQUIREMENTS

PROVINCE
Average annual
income of not
less than P 20
Million, based
on 1991
constant prices.
Territory
Contiguous
territory of at
least, 2,000
square
kilometers.
Population
250,000
inhabitants
Income

Income

Territory

Population

Income

CITY
Average annual
income of not
less than P 100
Million, based
on 2000
constant prices.
Contiguous
territory of at
least, 100
square
kilometers.
150,000
inhabitants

MUNICIPALITY
Average annual
income of not

Territory

Population

less than P 2.5

Million, based
on 1991
constant prices.
Contiguous
territory of at
least, 50 square
kilometers.
25,000
inhabitants

BARANGAY
No minimum
requirement.
Territory
No minimum
requirement.
Population
2,000
inhabitants and
5,000 for
barangays in
cities and
municipalities
within Metro
Manila and
highly
urbanized
cities.
Income

VERIFIABLE INDICATORS OF VIABILITY

AND PROJECTED CAPACITY TO PROVIDE
SERVICES:
1. Income- must be sufficient to provide
for all the essential government
facilities and services commensurate
with the size of its population.
Covers the income accruing to
the general fund, exclusive of
special funds, transfers, and
non-recurring income.
2. Populationtotal
number
of
inhabitants
within
the
territorial
jurisdiction of the local government
unit concerned;
3. Land area- must be:

a) Contiguous, unless it comprises

of two or more islands or is
separated
by
an
LGU
independent of the others;
b) Properly identified by metes and
bounds with descriptions;
c) Sufficient to provide for such
basic services and facilities to
meet the requirements of its
populace.
NOTE:

Provinces and Cities must

satisfy the income requirement,
and EITHER population or
territory.
Barangays
have
no
minimum requirement for area
and income.

DIVISION AND MERGER

Division and merger shall comply with

the same requirements prescribed for
their creation:
Provided: such division shall
not
reduce
the
income,
population, or land area of the
LGU concerned to less than the
minimum
requirements
prescribed.
Provided:
the
income
classification of the original LGU
shall not fall below its current
classification
prior
to
the
division.

EFFECTS OF MERGER
(1) Legal existence and right of
office of the annexed LGU are
terminated.
(2) Laws and ordinances of the
annexing LGU shall prevail.

(3) Title to property is acquired by

the annexing LGU.
(4) Debts are assumed by the
annexing LGU.

EFFECTS OF DIVISION
(1) Legal existence of the original
LGU is extinguished.
(2) The property, rights, and
powers are acquired by the
dividing LGUs.
ABOLITION:
An LGU may be abolished when its
income, population, or land area has
been irreversibly reduced to less than
the minimum standards prescribed for
its creation.
(a) Certified
by
the
national
agencies concerned to the
Congress or the sanggunian, as
the case may be.
(b) Does result in an automatic
cessation of the LGU; Congress
or the sanggunian concerned
must pass a law or ordinance
for the abolition, such must be
subjected to a plebiscite.
DISSOLUTION MAY NOT OCCUR WHEN:
(1) Non-user or surrender of charter
(2) Failure to elect municipal officers
(3) Change of sovereignty
(4) Change of name

SECTION 11
THE CONGRESS MAY, BY LAW, CREATE
SPECIAL METROPOLITAN POLITICAL
SUBDIVISIONS, SUBJECT TO A
PLEBISCITE AS SET FORTH IN SECTION
10 HEREOF. THE COMPONENT CITIES
AND MUNICIPALITIES SHALL RETAIN
THEIR BASIC AUTONOMY AND SHALL BE
ENTITLED TO THEIR OWN LOCAL
EXECUTIVE AND LEGISLATIVE

ASSEMBLIES. THE JURISDICTION OF THE

METROPOLITAN AUTHORITY THAT WILL
THEREBY BE CREATED SHALL BE
LIMITED TO BASIC SERVICES REQUIRING
COORDINATION.

(6) Health and sanitation, urban

protection, and pollution control;
(7) Public Safety.

SECTION 12.
METROPOLITAN POLITICAL
SUBDIVISION:
(a) Created by Congress, subject to a
plebiscite;
(b) Component cities/municipalities retain
their basic autonomy and are entitled
to create their own local executive and
legislative assemblies;
(c) Metropolitan authority the will be
created shall be limited to basic
services requiring coordination;
(d) A juridical entity with municipal
powers, police, eminent domain, and
taxation powers exercised by a
legislative assembly but only to the
extent of providing basic services.
METROPOLITAN MANILA DEVELOPMENT
AUTHORITY (MMDA):
Composed of twelve (12) cities and
five (5) municipalities.
Through RA 7924, in 1995,
Metropolitan Manila was declared as a
special development and
administrative region with authority to
render basic services metro-wide.
No grant of police powers or legislative
powers
Administrative agency
SEVEN BASIC SERVICES OFFERED BY
THE MMDA:
(1) Development planning;
(2) Transport and traffic management;
(3) Solid waste disposal and
management;
(4) Flood control and sewerage
management;
(5) Urban renewal, zoning and land use
planning and shelter services;

CITIES THAT ARE HIGHLY URBANIZED,

AS DETERMINED BY LAW, AND
COMPONENT CITIES WHOSE CHARTERS
PROHIBIT THEIR VOTERS FROM VOTING
FOR PROVINCIAL ELECTIVE OFFICIALS,
SHALL BE INDEPENDENT OF THE
PROVINCE. THE VOTERS OF COMPONENT
CITIES WITHIN A PROVINCE, WHOSE
CHARTERS CONTAIN NO SUCH
PROHIBITION, SHALL NOT BE DEPRIVED
OF THEIR RIGHT TO VOTE FOR ELECTIVE
PROVINCIAL OFFICIALS.

CLASSIFICATION OF CITIES:
1. Highly urbanized cities (HUCs)
Independent of the province
Determined by law
Minimum population of 200,000
and an annual income of no less
than 500 million pesos based on
2008 constant prices.
2. Independent Component Cities
(ICCs)
Independent of the province
As determined by their charter
if prohibited from voting for
provincial officers
Residents are not qualified to
run for provincial posts
A minimum population on
150,000 and an annual income
of 350 million pesos based on
2008 constant prices.
3. Component Cities (CCs)
Deemed part of the province
Residents may vote or be voted
for in provincial elections
Did not meet the preceding
requirements
SECTION 13.

LOCAL GOVERNMENT UNITS MAY GROUP

THEMSELVES, CONSOLIDATE OR
COORDINATE THEIR EFFORTS,
SERVICES, AND RESOURCES FOR
PURPOSES COMMONLY BENEFICIAL TO
THEM IN ACCORDANCE WITH LAW.
The authority to decide whether to
enter into group efforts is given to the
units themselves.
Another guarantee of local autonomy.
Helpful to units who have not been
formed into a special metropolitan
subdivision.

SECTION 14
THE PRESIDENT SHALL PROVIDE FOR
REGIONAL DEVELOPMENT COUNCILS OR
OTHER SIMILAR BODIES COMPOSED OF
LOCAL GOVERNMENT OFFICIALS,
REGIONAL HEADS OF DEPARTMENTS
AND OTHER GOVERNMENT OFFICES,
AND REPRESENTATIVES FROM NONGOVERNMENTAL ORGANIZATIONS
WITHIN THE REGIONS FOR PURPOSES
OF ADMINISTRATIVE
DECENTRALIZATION TO STRENGTHEN
THE AUTONOMY OF THE UNITS THEREIN
AND TO ACCELERATE THE ECONOMIC
AND SOCIAL GROWTH AND
DEVELOPMENT OF THE UNITS IN THE
REGION.
REGIONAL DEVELOPMENT COUNCILS:
The purpose of this provision is to
foster
the
administrative
decentralization as a complement to
political decentralization. This is
meant to allow bottom-to-top planning
rather than reverse.

The power to form these development

councils is given to the President. He
does not need to wait for the
authorization from Congress.

AUTONOMOUS REGIONS
(Section 15-21)

SECTION 15
THERE SHALL BE CREATED
AUTONOMOUS REGIONS IN MUSLIM
MINDANAO AND IN THE CORDILLERAS
CONSISTING OF PROVINCES, CITIES,
MUNICIPALITIES, AND GEOGRAPHICAL
AREAS SHARING COMMON AND
DISTINCTIVE HISTORICAL AND
CULTURAL HERITAGE, ECONOMIC AND
SOCIAL STRUCTURES, AND OTHER
RELEVANT CHARACTERISTICS WITHIN
THE FRAMEWORK OF THIS
CONSTITUTION AND THE NATIONAL
SOVEREIGNTY AS WELL AS TERRITORIAL
INTEGRITY OF THE REPUBLIC OF THE
PHILIPPINES.

WHY AND HOW MANY AUTONOMOUS

REGIONS?
Autonomous regions shall consist of
provinces, cities, municipalities, and
geographic areas sharing common and
distinctive historical and cultural
heritage,
economic
and
social
structures,
and
other
relevant
characteristics within the framework
of one sovereign nation.
Only the Cordilleras (CAR) and the
areas of Muslim Mindanao (ARMM) are
given the distinctive privilege of
forming autonomous regions.
Forming autonomous regions is in fact
more than just a question of privilege
for these two regions. It is a question
of right.

The basis for the establishment of

autonomous regions is diversity of
cultures and not just geographic
accident.

The creation of the

regions
does
not

autonomous
mean
the

establishment of sovereignties distinct

from that of the Republic.
May only be established within the
framework of this Constitution and the
national sovereignty as well as
territorial integrity of the Republic of
the Philippines.
The President of the Philippines
exercises general supervision over
such region.

VESTED IN THE NATIONAL

GOVERNMENT.
Autonomous regions are local units
which
are
given
enumerated
powers.
Powers that are not included in the
enumeration and not implicit in those
enumerated remain vested in the
national government.

SECTION 18
AUTONOMOUS REGIONS
Created via organic act for each
autonomous region, with participation
of
the
regional
consultative
commission,

defines the basic structure of

government for the region for
both the executive department
and legislative assemblies

provides for special courts with

personal, family, and property
law jurisdiction

SECTION 16
THE PRESIDENT SHALL EXERCISE
GENERAL SUPERVISION OVER
AUTONOMOUS REGIONS TO ENSURE
THAT LAWS ARE FAITHFULLY EXECUTED.
The power of the President over
autonomous regions is the same as
his power over local governments
only one of general supervision

The power to ensure that subordinate

officers execute and act within
existing laws.

The provision also curtails the power

of Congress over autonomous regions.

SECTION 17
ALL POWERS, FUNCTIONS, AND
RESPONSIBILITIES NOT GRANTED BY
THIS CONSTITUTION OR BY LAW TO THE
AUTONOMOUS REGIONS SHALL BE

THE CONGRESS SHALL ENACT AN

ORGANIC ACT FOR EACH AUTONOMOUS
REGION WITH THE ASSISTANCE AND
PARTICIPATION OF THE REGIONAL
CONSULTATIVE COMMISSION COMPOSED
OF REPRESENTATIVES APPOINTED BY
THE PRESIDENT FROM A LIST OF
NOMINEES FROM MULTI-SECTORAL
BODIES. THE ORGANIC ACT SHALL
DEFINE THE BASIC STRUCTURE OF
GOVERNMENT FOR THE REGION
CONSISTING OF THE EXECUTIVE
DEPARTMENT AND LEGISLATIVE
ASSEMBLY, BOTH OF WHICH SHALL BE
ELECTIVE AND REPRESENTATIVE OF THE
CONSTITUENT POLITICAL UNITS.
THE ORGANIC ACTS SHALL LIKEWISE
PROVIDE FOR SPECIAL COURTS WITH
PERSONAL, FAMILY, AND PROPERTY LAW
JURISDICTION CONSISTENT WITH THE
PROVISIONS OF THIS CONSTITUTION
AND NATIONAL LAWS.
THE CREATION OF THE AUTONOMOUS
REGION SHALL BE EFFECTIVE WHEN
APPROVED BY MAJORITY OF THE VOTES
CAST BY THE CONSTITUENT UNITS IN A
PLEBISCITE CALLED FOR THE PURPOSE,
PROVIDED THAT ONLY PROVINCES,
CITIES, AND GEOGRAPHIC AREAS
VOTING FAVORABLY IN SUCH PLEBISCITE
SHALL BE INCLUDED IN THE
AUTONOMOUS REGION.

ORGANIC ACT:
Contains the structure of government
for the autonomous region and the
powers of the autonomous region.

Creation of the autonomous region

must be ratified in a plebiscite.

This in itself will in legal category be a

statute.

Provision cannot be amended by an

ordinary statute.

Matters not covered by the Organic

act are governed by the Revised
Administrative Code:

Foreign affairs

National defense

Postal service

Administration of justice

Quarantine

WITHIN ITS TERRITORIAL JURISDICTION

AND SUBJECT TO THE PROVISIONS OF
THIS CONSTITUTION AND NATIONAL
LAWS, THE ORGANIC ACT OF
AUTONOMOUS REGIONS SHALL PROVIDE
FOR LEGISLATIVE POWERS OVER:

Matters not covered by the Organic

act are governed by the Revised
Administrative Code:

Customs and tariff

Citizenship

Naturalization, immigration and

deportation

General auditing, civil service,

elections

The period of 18 months, although

relatively short , is meant to
emphasize the urgency of creating the
autonomous regions as a means for
solving serious peace and order
issues.

SECTION 20

Coinage and fiscal and

monetary policies

Commands the Congress, with the

assistance and participation of the
regional consultative commissions, to
pass the Organic Acts within 18
months from the time of its
organization.

Foreign trade

Maritime,
land
and
air
transportation
and
communication affecting areas
outside of the ARMM

Patents, trademarks,
names, and copyrights

(1) ADMINISTRATIVE ORGANIZATION;

(2) CREATION OF SOURCES OF
REVENUES;
(3) ANCESTRAL DOMAIN AND NATURAL
RESOURCES;
(4) PERSONAL, FAMILY, AND PROPERTY
RELATIONS;
(5) REGIONAL URBAN AND RURAL
PLANNING DEVELOPMENT;
(6) ECONOMIC, SOCIAL, AND TOURISM
DEVELOPMENT;
(7) EDUCATIONAL POLICIES;
(8) PRESERVATION AND DEVELOPMENT
OF THE CULTURAL HERITAGE; AND
(9) SUCH OTHER MATTERS AS MAY BE
AUTHORIZED BY LAW FOR THE
PROMOTION OF THE GENERAL WELFARE
OF THE PEOPLE OF THE REGION.

trade-

SECTION 19
THE FIRST CONGRESS ELECTED UNDER
THIS CONSTITUTION SHALL, WITHIN
EIGHTEEN MONTHS FROM THE TIME OF
ORGANIZATION OF BOTH HOUSES, PASS
THE ORGANIC ACTS FOR THE
AUTONOMOUS REGIONS IN MUSLIM
MINDANAO AND THE CORDILLERAS.

In its first 8 paragraphs it enumerates

the irreducible legislative powers
conferred by the Constitution on
autonomous regions.

The grant of power is subject to the

provisions of the Constitutions and
national laws.

SECTION 21

THE PRESERVATION OF PEACE AND

ORDER WITHIN THE REGIONS SHALL BE
THE RESPONSIBILITY OF THE LOCAL
POLICE AGENCIES WHICH SHALL BE
ORGANIZED, MAINTAINED, SUPERVISED,
AND UTILIZED IN ACCORDANCE WITH
APPLICABLE LAWS. THE DEFENSE AND
SECURITY OF THE REGIONS SHALL BE
THE RESPONSIBILITY OF THE NATIONAL
GOVERNMENT.

Makes a distinction between the

problem of internal peace and order
and the problem of national defense.

PEACE AND ORDER, DEFENSE AND

NATIONAL SECURITY

The problem of ordinary criminality is

normally the concern of the local
police authorities.

However,
the
organization,
maintenance, and supervision of
police agencies may in certain
circumstances
be
beyond
the
capabilities of local governments.

As to national defense and security,

that is, as to dealing with threats to
the stability, integrity and survival of
the nation, this clearly is the primary
responsibility
of
the
national
government.