Political and Public International Law › Local Governments (RA 7160, as amended by RA 9009 and 11683)

B. Requisites for Creation, Conversion, Division, Merger, and Abolition (See also RA 11964, Secs. 4(d) and 7(e))

A. Public Corporations

1. Concept; Distinguished from Government-Owned or Controlled Corporations 2. Corporate Powers of LGUs 3. Classifications a. Quasi-Corporations b. Municipal Corporations i. Elements ii. Nature and Functions iii. Requisites for Creation, Conversion, Division, Merger or Dissolution

Cityhood Laws

The Cityhood laws were constitutional. Based on the deliberations by Congress on R.A. 9009, Congress intended that those with pending cityhood bills during the 11th Congress would not be covered by the new and higher income requirement of P100 million imposed by RA 9009. The exemption clauses found in the individual Cityhood Laws are the express articulation of that intent to exempt respondent municipalities from the coverage of RA 9009. Such Cityhood Laws are, therefore, also amendments to the LGC itself. In the enactment of the Cityhood Laws, Congress merely took the 16 municipalities covered thereby from the disadvantaged position brought about by the abrupt increase in the income requirement (from 20 million to 100 million) of RA 9009, acknowledging the “privilege” that they have already given to those newly-converted component cities, which prior to the enactment of RA 9009, were undeniably in the same footing or “class” as the respondent municipalities. The Cityhood Laws covering the 16 municipalities amended RA 9009 through the exemption clauses found therein. (League of Cities of the Phil. et al. v. COMELEC, et al. G.R. Nos. 176951, 177499, 178056, April 12, 2011)

Power to create provinces and cities

Ordinary statute cannot amend an organic act. It must be by plebiscite. Only Congress can create provinces and cities, because creation of a province, or of a city entitled under the Constitution to its own legislative district, implicates Congress’s power over legislative apportionment. The ARMM Regional Assembly cannot create provinces and cities. (Sema v. COMELEC, G.R. 177597/178628, 2008).

Authorities

  • League of Cities of the Philippines v. COMELEC, G.R. No. 176951, 28 June 2011
  • LGC
  • R.A. 9009
  • Sema v. COMELEC, G.R. No. 177597, 16 July 2008