Boundary Disputes Between LGUs: When the RTC Can Take Jurisdiction

The Supreme Court recently settled a jurisdictional question that often confuses local governments: when can a Regional Trial Court (RTC) take cognizance of a dispute over territorial jurisdiction between provinces? In Province of Antique v. Judge Calabocal (G.R. No. 209146, June 8, 2016), the Court ruled that while boundary disputes generally belong to the sangguniang panlalawigan, an RTC may properly hear the case when one party has made prior settlement impossible.

The Dispute Over Liwagao Island

The case involved a 114-hectare island situated between the provinces of Antique and Oriental Mindoro. In the late 1970s, the Mayor of Bulalacao, Oriental Mindoro allegedly lent the administration of Liwagao Island to the Mayor of Caluya, Antique, on the condition that it be returned when either mayor's term ended. Both mayors left office in 1987, but Caluya continued exercising administration over the island.

For years, both provinces claimed authority over the island. Oriental Mindoro passed resolutions asserting its jurisdiction, while Antique maintained that the island belonged to Caluya. When Oriental Mindoro sought an amicable settlement through a joint session of both sanggunians, Antique's Sangguniang Panlalawigan issued Resolution No. 142-2012 declaring it was "not amenable to any form of settlement."

Left with no other recourse, Oriental Mindoro filed an original action before the RTC of Roxas, Oriental Mindoro for recovery and declaration of political jurisdiction and dominion over the island. Antique moved to dismiss, arguing that the RTC lacked jurisdiction because boundary disputes must first be referred to the sangguniang panlalawigan under the Local Government Code.

The Issue

The sole issue was whether the RTC had jurisdiction over the petition for recovery of property and declaration of territorial and political jurisdiction over Liwagao Island.

The Court's Ruling

The Supreme Court dismissed Antique's petition and affirmed the RTC's jurisdiction. In doing so, the Court made two important clarifications.

First, the case involved a boundary dispute. The Court rejected the argument that this was merely an action for recovery of property. Under the Implementing Rules and Regulations of the Local Government Code (Republic Act No. 7160), a boundary dispute exists when a portion or the whole of the territorial area of a local government unit is claimed by two or more LGUs. Nothing in this definition excludes a dispute over an island. Whether denominated as recovery of possession or claim of ownership, the objective was the same: to regain territorial jurisdiction over the island.

Second, the RTC still had jurisdiction. The Court emphasized that Oriental Mindoro followed the proper procedure under the law. It attempted to settle the dispute amicably and even proposed a joint session. However, Antique's categorical refusal to settle made it impossible to continue the administrative process. The Court held that Antique cannot demand that respondents follow the procedure when they themselves have made it impossible for any party to follow the same. Otherwise, Oriental Mindoro would be left without any legal remedy to assert its claim.

The Proper Procedure for Boundary Disputes

The Court reiterated the framework under the Local Government Code:

• Barangay-level disputes go to the Sangguniang Panlungsod or Sangguniang Bayan.
• Municipalities within the same province go to the Sangguniang Panlalawigan.
• Municipalities or component cities of different provinces are jointly referred to the sanggunians of the provinces concerned.
• If no amicable settlement is reached within 60 days, the sanggunian issues a certification, and the dispute is formally tried and decided within another 60 days.
• The aggrieved party may appeal the sanggunian's decision to the RTC having jurisdiction over the area in dispute.

The Court noted that resort to the RTC follows only upon the failure of these intermediary steps, as provided in the Local Government Code.

Practical Takeaways

• Boundary disputes are broadly defined. A claim over an entire island or territory, not just a portion, still constitutes a boundary dispute under the Local Government Code.
• The sanggunian process is the default route. LGUs must first exhaust the administrative remedy before the sangguniang panlalawigan before going to court.
• A party cannot frustrate the process and then complain. If one LGU categorically refuses to participate in settlement, the other LGU may properly bring the matter directly to the RTC.
• Labeling matters less than substance. Calling an action "recovery of dominion" does not remove it from the boundary dispute framework if the real objective is territorial jurisdiction.
• The status quo is maintained. Pending final resolution, the existing administration of the disputed area continues for all legal purposes.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.