Case Digest (G.R. No. 209146)
Facts:
Province of Antique and Municipality of Caluya, Petitioners, vs. Hon. Recto A. Calabocal, Judge-Designate, Regional Trial Court, Branch 43, Roxas, Oriental Mindoro, Province of Oriental Mindoro, and Municipality of Bulalacao, Respondents, G.R. No. 209146, April 24, 2017, Supreme Court Second Division, Carpio, Acting C.J., writing for the Court.
The dispute concerns Liwagao Island (also called Libago), a 114-hectare island located between Antique and Oriental Mindoro. Respondent Province of Oriental Mindoro and the Municipality of Bulalacao filed Civil Case No. C-566 in the Regional Trial Court (RTC), Roxas, Oriental Mindoro, seeking recovery and declaration of political jurisdiction/dominion over Liwagao Island against petitioners Province of Antique and Municipality of Caluya. Respondents allege that they have rightful jurisdiction and dominion, and that Caluya/Antique improperly exercise authority and collect taxes from inhabitants.
Respondents trace the practical history to an oral, temporary arrangement made in 1978–1979 by then-Mayors Bago (Bulalacao) and Lim (Caluya), by which Bulalacao allegedly “lent” administration of Liwagao to Caluya with the understanding it would be returned at the end of the officials’ terms. After 1987, petitioners continued to administer the island although respondents claim they resumed jurisdiction and provided government services; Oriental Mindoro’s Sangguniang Panlalawigan adopted Resolution No. 1454-2012 (Feb. 20, 2012) calling for a joint session with Antique to settle the dispute. The Sangguniang Panlalawigan of Antique, however, adopted Resolution No. 142-2012 (May 25, 2012) refusing any form of settlement.
On 12 September 2012 respondents filed the RTC petition. Petitioners answered asserting that NAMRIA and DENR maps and practice showed Liwagao as part of Caluya, and raised an affirmative defense of lack of RTC jurisdiction under Section 118(c) of the Local Government Code (RA 7160), arguing that boundary disputes between municipalities of different provinces must first be referred to their respective Sangguniang Panlalawigan sitting jointly.
The RTC (Branch 43) denied petitioners’ jurisdictional defense in an Order dated 23 April 2013, reasoning that the controversy involved exclusive claim over the whole government unit (sitio Liwagao) and that Antique’s categorical refusal to participate made recourse to sanggunian settlement futile; the RTC thus assumed jurisdiction. The RTC denied petitioners’ motion for reconsi...(Pro-only)
Issues:
- Whether the RTC has jurisdiction over respondents’ petition for recovery of property and declaration of territorial and political jurisdiction/dominion over Liwagao ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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