Case Digest (G.R. No. 38204)
Facts:
In G.R. Nos. L-38204 and L-38205, Municipality of Sogod filed Civil Case No. R-1706 (certiorari and prohibition) on June 24, 1970 and Civil Case No. R-1707 (recovery of taxes with receivership) on December 7, 1970 in the Court of First Instance of Southern Leyte against Hon. Avelino S. Rosal, the Municipality of Bontoc, and the Provincial Board of Southern Leyte, contesting Bontoc’s jurisdiction over barrios created by Republic Act No. 522 and seeking recovery of one-half of taxes allegedly collected.
The trial court dismissed both actions for lack of jurisdiction on August 31, 1973 and denied motions for reconsideration on December 17, 1973; petitioner then filed certiorari under Rule 65, Rules of Court alleging grave abuse of discretion.
Issues:
- Did the trial court gravely abuse its discretion in dismissing Civil Case Nos. R-1706 and R-1707 for lack of jurisdiction?
- Under the law in force at the time of filing, did the Provincial Board of Southern Leyte have exclusive authority to settle the municipal boundary dispute?
Ruling:
The Court dismissed the petitions and affirmed the assailed orders of the trial court.
The Court held that the trial court correctly dismissed the cases for want of jurisdiction and that the provincial board should proceed with its pending investigation and proceedings; the Court further noted that the controversy had not been resolved and recommended referral to Congress for any necessary legislative action.
Ratio:
Jurisdiction is conferred by law and is determined by the statute in force at the time of commencement of the action. Republic Act No. 522 defined the composition of Municipality of Bontoc, while Republic Act No. 3590 (Revised Barrio Charter) and Section 2167 of the Revised Administrative Code vested the power to decide municipal boundary disputes in the provincial boards, with appeal to the Secretary of the Interior (now the Executive Secretary). Because the provincial board had not been superseded and the administrative remedy remained, the trial court lacked authority to adjudicate the boundary dispute and properly dismissed the suits.
Doctrine:
- Jurisdiction is determined by the Constitution or by law and is fixed by the statute in force at the time an action is commenced.
- Under Republic Act No. 3590 and Section 2167 of the Revised Administrative Code, provincial boards decide municipal boundary disputes, with appeal to the Secretary of the Interior/Executive Secretary.
- The 1987 Constitution and the Local Government Code (Section 134) later require congressional action and a plebiscite for creation or substantial alteration of local government units.