Republic of the Philippines

CITY LEGAL OFFICE

City Hall Bldg., J.P. Rosales Ave., Doongan, Butuan City

Comment
January 16, 2019

Respectfully indorsed to Engr. Ronnie Vicente C. Lagnada, through Mr.

Reynante B. Desiata, City Administrator, the herein recommendations for the
Settlement of Boundary Disputes involving barangays in this City; and that of this City
and neighboring municipalities.

On January 11, 2019, Friday at 10:00AM, a meeting was conducted at the

Conference Room of the City Planning and Development Office whereby an action plan
was deliberated as to how to resolve Political Boundary Disputes involving a portion of
Butuan City’s political area. Thereupon, a directive was issued to this office to Draft an
Executive Order to settle the same. However, it is the submission of this office that an
Executive Order is not the proper recourse; instead it must be initiated through resolutions
by the barangays concerned, and that of the 14th Sangguniang Panlungsod of the City of
Butuan. Section 118 of the Local Government Code provides:

Section 118. Jurisdictional Responsibility for Settlement of Boundary Dispute- Boundary

disputes between and among local government units shall, as much as possible, be settled
amicably. To this end:

(a) Boundary disputes involving two (2) or more barangays in the same city or
municipality shall be referred for settlement to the sangguniang panlungsod or
sangguiniang bayan concerned.

(b) xxx xxx xxx xxx xxx

(c) xxx xxx xxx xxx xxx

(d) Boundary disputes involving a component city or municipality on the one hand
and a highly urbanized city on the other, or two (2) or more highly urbanized cities, shall
be jointly referred for settlement to the respective sanggunians of the parties.

Furthermore, the case of Province of Antique and Municipality of Caluya vs Hon. Recto
A. Calabocal, Judge Designate, Regional Trial Court, Branch 43, Roxas, Oriental Mindoro,
Province of Oriental Mindoro, and Municipality of Bulalacao, G.R No. 209146, June 8, 2016 is
instructive. Said case stems from a dispute between the Province of Antique and the
Province of Oriental Mindoro for "territorial jurisdiction, dominion, control and
administration"2 over Liwagao Island, a 114-hectare island located between the two
provinces. The Supreme Court resolved said issue by discussing the Implementing Rules
and Regulations of RA 7160 otherwise known as the Local Government Code.

Phone : (085) 225-4316-3072

Fax :225-5737
Email : cgbclegal@gmail.comcmo.butuan@gmail.com
Website: www.butuan.gov.ph
RR
 Republic of the Philippines
CITY LEGAL OFFICE
City Hall Bldg., J.P. Rosales Ave., Doongan, Butuan City

By basing on the Implementing Rules and Regulations of RA 7610 mentioned in

said jurisprudence; and by having established upon that there exists boundary disputes
in this City, it is advised that the procedure laid down in the above-mentioned rules and
regulations be followed; to wit:

RULE III
ARTICLE 17. Procedures for Settling Boundary Disputes. — The following procedures
shall govern the settlement of boundary disputes:

(a) Filing of petition — The sanggunian concerned may initiate action by filing a petition,
in the form of a resolution, with the sanggunian having jurisdiction over the dispute.

x x x

(g) Failure to settle — In the event the sanggunian fails to amicably settle the dispute
within sixty (60) days from the date such dispute was referred thereto, it shall issue a
certification to that effect and copies thereof shall be furnished the parties concerned.

(h) Decision — Within sixty (60) days from the date the certification was issued, the
dispute shall be formally tried and decided by the sanggunian concerned. Copies of the
decision shall, within fifteen (15) days from the promulgation thereof, be furnished the
parties concerned, DILG, local assessor, COMELEC, NSO, and other NGAs concerned.

(i) Appeal — Within the time and manner prescribed by the Rules of Court, any party
may elevate the decision of the sanggunian concerned to the proper Regional Trial Court
having jurisdiction over the dispute by filing therewith the appropriate pleading, stating
among others, the nature of the dispute, the decision of the sanggunian concerned and the
reasons for appealing therefrom. The Regional Trial Court shall decide the case within
one (1) year from the filing thereof. Decisions on boundary disputes promulgated jointly
by two (2) or more sangguniang panlalawigans shall be heard by the Regional Trial Court
of the province which first took cognizance of the dispute.

In view thereof, it is advised that in order to legally adjudicate these territorial

disputes, said matter must be initiated through a barangay resolution or indorsed to the
appropriate committee of the Sangguniang Panlungsod, as the case may be.

For information and proper action.

Atty. CISCO FRANZ S. MACLANG

City Legal Officer

CC: Office of the City Planning and Development Coordinator

Office of the City Assessor
Office of the City Enginneer

Phone : (085) 225-4316-3072

Fax :225-5737
Email : cgbclegal@gmail.comcmo.butuan@gmail.com
Website: www.butuan.gov.ph
RR
 Republic of the Philippines
CITY LEGAL OFFICE
City Hall Bldg., J.P. Rosales Ave., Doongan, Butuan City

Phone : (085) 225-4316-3072

Fax :225-5737
Email : cgbclegal@gmail.comcmo.butuan@gmail.com
Website: www.butuan.gov.ph
RR