G.R. No. 105746 - Municipality of Jimenez vs. Baz, Jr.

On August 30, 1949, President Elpidio Quirino issued Executive Order No. 258 pursuant to Section 68, Revised Administrative Code (1917), creating the Municipality of Sinacaban, Misamis Occidental, by describing its metes and bounds and enumerating barrios and sitios included therein.
Sinacaban’s municipal government commenced upon appointment and qualification of its mayor, vice-mayor, and councilors; it assumed a proportionate share of Jimenez’s loan obligations with the Rehabilitation Finance Corporation.

By Provincial Board Resolution No. 77 (February 18, 1950), Jimenez and Sinacaban agreed on a common boundary—differing from EO 258’s technical description—allocating certain sitios to each municipality; Jimenez later relied on this agreement to assert jurisdiction over contested areas.
On November 22, 1988, Sinacaban Municipal Council Resolution No. 171 laid claim to portions of Barrio Tabo-o and other barrios, filing the dispute with the Provincial Board against Jimenez; Jimenez answered, invoking the 1950 agreement.

The Provincial Board (October 11, 1989) declared the disputed territory part of Sinacaban and voided Resolution No. 77 for lack of power to alter EO 258’s boundaries; its denial of Jimenez’s reconsideration motion followed (Resolution No. 13-90, January 30, 1990).
Jimenez filed a petition for certiorari, prohibition, and mandamus in RTC Branch 14, Oroquieta City (March 20, 1990), challenging Sinacaban’s legal existence and seeking nullification of EO 258, Provincial Board decisions, and prohibitory relief against Sinacaban and various national agencies.
The parties agreed to six issues: legal personality (de jure/de facto), proper remedy, estoppel, statutory recognition, and finality of Provincial Board’s decision.
RTC decision (February 10, 1992) denied the petition, declared Sinacaban a regular municipality, voided the Provincial Board’s boundary resolutions as contrary to EO 258, and ordered a relocation survey to determine proper boundaries.
Jimenez’s motion for reconsideration was denied (March 17, 1992), prompting this Supreme Court petition for review.

Whether the Municipality of Sinacaban is a de jure municipal corporation duly created in accordance with law
Whether, if not de jure, Sinacaban qualifies as a de facto juridical entity
Whether Jimenez may challenge Sinacaban’s existence by certiorari rather than quo warranto
Whether Jimenez is estopped from questioning Sinacaban’s existence after recognizing it for over 40 years
Whether Sinacaban’s municipal existence has been recognized by subsequent laws, including the 1991 Local Government Code
Whether the proper boundary basis is EO 258’s technical description or Provincial Board Resolution No. 77