G.R. No. 209146 - Province of Antique vs. Calabocal

The controversy involves the territorial jurisdiction, dominion, control, and administration over Liwagao Island – a 114-hectare island, also known as Libago Island – claimed by two competing government units.
Petitioners: the Province of Antique and the Municipality of Caluya (Antique). Respondents: the Province of Oriental Mindoro and the Municipality of Bulalacao (Oriental Mindoro).

Sometime between 1978 and 1979, an oral agreement was made between then-Mayor Dolores Bago of Bulalacao, Oriental Mindoro, and then-Mayor Oscar Lim of Caluya, Antique.

The agreement provided that Caluya would administer Liwagao Island on a temporary basis.
It was agreed that the island would be returned upon termination of either mayor’s term.

Although the terms of both mayors ended in 1987 and Mayor Lim allegedly returned the island to Bulalacao, the Municipality of Caluya continued to exercise its administration over the island.
Subsequent actions included:

On 15 April 2002, the Sangguniang Panlalawigan of Oriental Mindoro passed a resolution affirming its jurisdictional rights and dominion over Liwagao Island.
Despite that resolution, petitioners maintained their claim over the island, citing maps from NAMRIA and DENR, the continuous collection of real property taxes, and the long-standing recognition of Caluya’s jurisdiction by its residents.

In Civil Case No. C-566, respondents filed a petition for “Recovery and Declaration of Political Jurisdiction/Dominion and Mandamus” before the RTC of Roxas, Oriental Mindoro.

The complaint centered on recovering possession and reasserting territorial jurisdiction/dominion over Liwagao Island.

A substantive claim evidencing historical control and administration by Caluya (Antique) through map evidence and the civic practices of the island’s residents.
An affirmative defense arguing lack of jurisdiction of the RTC based on Section 118, paragraph (c) of the Local Government Code, contending that boundary disputes between municipalities of different provinces fall under the exclusive jurisdiction of the Sangguniang Panlalawigan.

On 23 April 2013, the RTC issued an order dismissing petitioners’ affirmative defense of lack of jurisdiction, reasoning that the dispute centered on the ownership of the government unit (sitio Liwagao, barangay Maasim) rather than a mere boundary issue.
On 17 July 2013, after petitioners’ motion for reconsideration, the RTC reaffirmed its earlier decision by emphasizing that the real issue was recovery of possession despite allegations that the island belonged territorially to Bulalacao, Oriental Mindoro—implicitly admitting that if the island were indeed within Bulalacao, then authority was exercised through agreement (as shown by Mayor Lim’s seeking of consent from Mayor Bago).

A temporary restraining order (TRO) and a writ of preliminary injunction to enjoin further proceedings by the RTC and respondent judge.
A writ of certiorari to reverse the RTC Orders dated 23 April 2013 and 17 July 2013 and to dismiss Civil Case No. C-566.
A writ of prohibition to permanently restrain the respondent judge from taking further cognizance of the case.

On 14 October 2013, the Court issued a TRO enjoining the respondents, the RTC, and its personnel from enforcing the assailed orders during the pendency of the petition.

The RTC’s ruling committing grave abuse of discretion by treating the dispute as non-boundary in nature.
That under the Local Government Code, disputes over boundaries, even if involving the whole of a local government unit, must be settled by the relevant Sangguniang Panlalawigan.
The RTC erroneously assumed jurisdiction over what they argued was an issue to be initially resolved by the legislative councils.

Technical deficiencies in the petition (timeliness, documentary requirements, and filing fee issues).
That the correct substance of the complaint pertained to recovery of jurisdiction/dominion over a property rather than a traditional boundary dispute.
That both parties had ample opportunity to settle the dispute amicably by following the procedures under the Local Government Code, but petitioners’ intransigence (evidenced by Resolution No. 142-2012 of Antique) necessitated resort to the RTC.
That previous governmental actions and resolutions (including Resolution No. 1454-2012) and the acceptance of government services in Oriental Mindoro supported respondents’ claim.

Whether the Regional Trial Court (RTC) has jurisdiction over the respondents’ petition for recovery and declaration of territorial and political jurisdiction/dominion over Liwagao Island.

Is the dispute a boundary dispute within the meaning of the Local Government Code and its IRR?
Do the procedures under Sections 118 and 119 of the Local Government Code mandate that the case first be referred to and settled by the Sangguniang Panlalawigan before the RTC acquires jurisdiction?
Whether the RTC erred in ignoring the petitioners’ argument that the dispute was a boundary dispute to be handled exclusively by the respective legislative bodies.