125-YEAR-OLD LEGAL HURDLE Iloilo capital debate: Santa Barbara, Oton, and a 1901 law

ILOILO CITY — Santa Barbara’s bid to become the official capital of Iloilo province is gaining momentum, but a law dating back to 1901 could complicate the proposed change.

Iloilo 2nd District Rep. Kathryn Joyce Gorriceta said on Oct. 29 that she is optimistic the bill seeking to designate Santa Barbara as the provincial capital could secure congressional approval by the end of 2026 or in 2027.

Gorriceta said the measure filed by her office has made progress in Congress and has the backing of Gov. Arthur Defensor Jr.

The initiative had earlier gained formal support at the municipal level. The Santa Barbara Sangguniang Bayan unanimously approved Resolution No. 019-S-2026 on Feb. 2.

Santa Barbara, however, is not the only town seeking the title. Oton is also pursuing its own bid to be recognized as the provincial capital.

Why Santa Barbara?

The municipal resolution described a provincial capital as the center of political authority, administrative coordination, economic activity, and public service delivery.

It said the designation should reflect both historical significance and present-day realities.

The resolution stated that recognizing Santa Barbara as the provincial capital would “align legal designation with existing administrative, economic, and governance realities,” while honoring its historical leadership and contribution to provincial progress.

Mayor Dennis Superficial said the proposed designation would also give the municipality a stronger identity and reinforce its ties with the province.

“If you’re a capital town, it will instill identity. It will also be closely associated with the province, since Iloilo City is already administratively independent,” Superficial said.

Iloilo City was formally classified as a highly urbanized city in 1979, according to the city government.

Its status as a highly urbanized city placed it outside the regular administrative jurisdiction of the provincial government. This principle was later codified in Batas Pambansa Blg. 337, the Local Government Code of 1983.

The arrangement continues under Republic Act No. 7160, the Local Government Code of 1991, which makes highly urbanized cities independent of the provinces where they are located.

City residents no longer vote for provincial officials, and the provincial government does not exercise regular jurisdiction over the city’s local government.

Despite this separation, Iloilo City has retained its designation as the provincial capital. The Provincial Capitol still stands in the city.

Act No. 113, enacted by the Philippine Commission on April 11, 1901, extended the provisions of the Provincial Government Act to Iloilo. It established the framework for the provincial government under American colonial rule.

Section 5 of the act specifically stated: “The capital of the province shall be, as formerly, at the town of Iloilo.”

Commonwealth Act No. 158, which established Iloilo City’s charter in 1936, also recognized the city’s status as the provincial capital.

Under Section 7 of the charter, provincial officials had no jurisdiction over the city, although its residents could still vote for provincial officials.

Beyond the administrative considerations, Santa Barbara is banking on its historical significance to support its bid.

Known as the “Cradle of the Revolution in the Visayas,” the municipality was the site of the inauguration of the Revolutionary Government of the Visayas on Nov. 17, 1898. On that day, the Philippine flag was raised for the first time outside Luzon.

The revolutionary government was headed by Roque Lopez, while Santa Barbara native Gen. Martin Delgado led the revolutionary forces.

Delgado later became Iloilo’s first civil governor under American rule.

The town’s proximity to the Iloilo International Airport and major transport routes adds to its strategic importance. So does the presence of provincial and regional government offices.

The provincial government is developing the Iloilo Government Center on a 6.3-hectare property spanning Barangays Bolong Oeste and Inangayan.

The 125-year-old legal hurdle

With a bill already being pursued in Congress, the question now is how the proposed transfer will address the laws governing Iloilo City’s existing designation as provincial capital.

Jose Nereo Lujan, chief of the Provincial Information and Community Affairs Office (PICAO) and a council member of the National Commission for Culture and the Arts (NCCA), commented on the matter in an Oct. 13 social media post. He cited previous capital transfers in Agusan del Norte and Rizal as precedents.

Butuan City remained the capital of Agusan del Norte until Republic Act No. 8811 transferred the designation to Cabadbaran in 2000.

Similarly, Republic Act No. 11475 formalized the transfer of Rizal’s capital from Pasig City to Antipolo in 2020.

Lujan said these cases illustrate how changes in provincial capital designations have been addressed through legislation.

“These precedents suggest that declaring Santa Barbara the new capital may require Congress to amend or supersede Act No. 113 of 1901 and address the relevant provision of Commonwealth Act No. 158,” he said.

Beyond the legal requirements, Lujan also questioned why Santa Barbara was being considered for the provincial capital. He pointed to other municipalities with historical and geographical significance.

He raised Oton’s historical claim, noting that it was the first seat of Spanish colonial government in the area following the establishment of the Alcaldía de Panay in 1569.

Iloilo was once known as the Provincia de Oton before the seat of government was transferred to Arevalo, now a district of Iloilo City, and eventually to Iloilo.

If historical precedence is a consideration in selecting a provincial capital, Lujan said, Oton’s place in the province’s history should also be considered.

He also mentioned Passi City, a component city of Iloilo since 1998. Its location could offer better access for municipalities in the province’s northern and central areas.

Lujan acknowledged Santa Barbara’s own historical credentials and its economic advantages.

However, he asked what should ultimately determine the location of a provincial capital: historical precedence, geographical centrality, administrative convenience, economic development, or a combination of these factors.

Lujan also stressed the wording of Act No. 113 of 1901, which declared Iloilo the provincial capital “as formerly.”

He said this acknowledged that Iloilo already held the distinction before the establishment of American civil government.

For Lujan, the proposal has reopened a discussion that goes beyond geography and administrative convenience. It touches on the province’s history, its political identity, and the legal foundations of its government.

After 125 years, he said, the question is not simply whether Santa Barbara can become Iloilo’s provincial capital, but why it should be chosen over other historically and geographically significant localities.

Oton enters the race

Oton has since moved to stake its own claim.

Oton Vice Mayor Jose Niel Olivares is proposing Resolution No. 2026-190, titled “A resolution requesting the Iloilo Provincial Government to consider Oton as its Provincial Capital should it decide to declare a capital municipality.”

In connection with the measure, the Oton Sangguniang Bayan, through its Committee on Culture, History, Arts, and Tourism, invited Lujan, the PICAO chief and a historian, to provide insights and information on the resolution.

According to the town’s historical record, Oton was the third pueblo, or town, established by the Spanish in 1572.

It also served as Iloilo’s first capital before the seat of power was transferred to what is now Iloilo City.