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

Case Summary (G.R. No. 209146)

Factual Background

The dispute concerned Liwagao Island, a 114-hectare island situated between Antique and Oriental Mindoro, which respondents alleged had historically been under the political jurisdiction of the Municipality of Bulalacao, Oriental Mindoro. Respondents alleged that in 1978 to 1979 the then Mayor of Bulalacao orally lent administration of the island to the then Mayor of Caluya, Antique, on condition that the island be returned at the end of either mayor’s term, and that notwithstanding the alleged return in 1987 the Municipality of Caluya continued to exercise administration and collect real property taxes from Liwagao’s inhabitants.

Petition Filed in the RTC

Pursuant to a resolution of the Sangguniang Panlalawigan of Oriental Mindoro directing its provincial legal office to assert jurisdiction, respondents filed Civil Case No. C-566, styled as a petition for “Recovery and Declaration of Political Jurisdiction/Dominion and Mandamus,” seeking recovery of territorial and political jurisdiction over Liwagao Island and related reliefs.

Petitioners’ Answer and Affirmative Defense

In their Answer, petitioners asserted that national agencies’ maps, including those of NAMRIA and the DENR, showed Liwagao Island to be part of Caluya, Antique, and that residents had long registered births, paid taxes, and voted in Caluya. Petitioners pleaded lack of jurisdiction, contending that boundary disputes between municipalities of different provinces were governed by Section 118 of the Local Government Code and therefore first fell to the respective Sangguniang Panlalawigans for settlement.

Orders of the RTC Dated April 23 and July 17, 2013

The RTC, in an order of 23 April 2013, denied petitioners’ affirmative defense of lack of jurisdiction, reasoning that the controversy concerned ownership of the whole territorial unit of sitio Liwagao and not merely a boundary line, and that the Sangguniang Panlalawigan of Antique had declared by Resolution No. 142-2012 that it was not amenable to settlement, rendering further administrative proceedings futile. The RTC denied petitioners’ motion for reconsideration on 17 July 2013, reiterating that the matter amounted to recovery of what had been lent rather than a boundary dispute and referencing documentary evidence that Liwagao had been under Bulalacao’s exclusive jurisdiction.

Petition for Certiorari and Prohibition; Temporary Restraining Order

Petitioners sought relief by filing a petition for certiorari and prohibition under Rule 65, Rules of Court, praying for dismissal of Civil Case No. C-566, prohibition against the RTC from taking cognizance, and injunctive relief. The Supreme Court granted a temporary restraining order on 14 October 2013 enjoining the RTC from enforcing the assailed orders pending resolution of the petition.

Petitioners’ Contentions

Petitioners argued that the RTC committed grave abuse of discretion when it ruled that the case did not involve a boundary dispute and therefore retained jurisdiction. They maintained that the dispute presented a boundary question because different local government units disagreed over where the boundary lay, and that under Section 118 the Sanggunians of the provinces had primary, original, and exclusive jurisdiction to settle boundary disputes; the RTC’s jurisdiction, petitioners contended, was strictly appellate from a sanggunian decision under Section 119. Petitioners further asserted that the Oriental Mindoro resolution did not constitute a “petition” under the IRR because it merely called for a joint session and did not present a claim with grounds as required.

Respondents’ Contentions and Procedural Objections

Respondents urged dismissal of the petition on technical grounds, alleging late filing beyond the 60-day reglementary period, improper attachments, insufficient copies, and nonpayment of filing fees. On the merits, respondents insisted that their action in the RTC was an original suit for recovery of possession and declaration of jurisdiction, not a boundary settlement proceeding, and that resort to the RTC was warranted because petitioners effectively frustrated the administrative remedy by the Antique Sanggunian’s categorical refusal to engage in settlement.

Legal Issue Presented

The sole legal issue was whether the RTC had jurisdiction over respondents’ petition for recovery of property and declaration of territorial and political jurisdiction/dominion over Liwagao Island, or whether the dispute fell exclusively within the administrative procedures prescribed by the Local Government Code and its Implementing Rules and Regulations.

The Supreme Court’s Ruling on Jurisdiction

The Supreme Court dismissed the petition for lack of merit but held that the RTC did have jurisdiction over the matter. The Court nevertheless found that the RTC erred in concluding that the dispute did not involve a boundary question.

Reasoning on Boundary Dispute Definition and Application of the Local Government Code

The Court analyzed the definition of “boundary dispute” in Rule III, Article 15 of the IRR, which states that a boundary dispute exists when a portion or the whole of the territorial area of an LGU is claimed by two or more LGUs. The Court concluded that a dispute over an island plainly fell within that definition when rival claims to territorial jurisdiction existed. The Court found that the allegations in Civil Case No. C-566 demonstrated that respondents asserted lawful jurisdiction over Liwagao Island against petitioners, and that respondents themselves had at times described the matter as a “boundary row.” Consequently, the controversy constituted a boundary dispute governed by the procedures of the Local Government Code.

Application of the IRR Procedure and Finding on Failure to Settle

Having characterized the case as a boundary dispute, the Court reviewed the procedures under Section 118 and Section 119 of the Local Government Code and Article 17 of Rule III of the IRR, which prescribe resolution by the appropriate sanggunian, issuance of certification upon failure to amicably settle within sixty days, a formal trial by the sanggunian, and an appeal to the RTC from the sanggunian’s decision. The Court emphasized that these intermediary steps are prerequisite to RTC adjudication except when, as here, one party closes the door to the process. T

Case Syllabus (G.R. No. 209146)

Parties and Procedural Posture

Province of Antique and Municipality of Caluya filed a petition for certiorari and prohibition under Rule 65, Rules of Court assailing orders of the Regional Trial Court.
Hon. Recto A. Calabocal, Judge-Designate, RTC, Branch 43, Roxas, Oriental Mindoro, was named respondent insofar as he issued the assailed orders.
Province of Oriental Mindoro and Municipality of Bulalacao were respondents in the underlying Civil Case No. C-566 for recovery and declaration of political jurisdiction/dominion over Liwagao Island.
The Supreme Court issued a temporary restraining order on October 14, 2013 enjoining enforcement of the RTC orders and later resolved the Rule 65 petition on the merits.

Key Factual Allegations

Sometime between 1978 and 1979, then Mayor Dolores Bago of Bulalacao orally agreed to lend administration of Liwagao Island to then Mayor Oscar Lim of Caluya subject to return at end of either mayoral term.
The mayoral terms of both officials ended in 1987 and Mayor Lim allegedly returned the island, but the Municipality of Caluya allegedly continued to exercise administration thereafter.
The Sangguniang Panlalawigan of Oriental Mindoro passed a resolution on April 15, 2002 confirming its jurisdictional rights over Liwagao Island.
On February 20, 2012, Oriental Mindoro adopted Resolution No. 1454-2012 calling for a joint session with Antique to settle the dispute, and on May 25, 2012 the Sangguniang Panlalawigan of Antique adopted Resolution No. 142-2012 declaring itself not amenable to settlement.
Province of Oriental Mindoro and Municipality of Bulalacao filed Civil Case No. C-566 on September 12, 2012 seeking recovery and declaration of jurisdiction over Liwagao Island.
Province of Antique and Municipality of Caluya contended that NAMRIA and DENR maps and the islanders’ acts of registration, taxation, and voting established Caluya’s jurisdiction.

Lower Court Orders

The RTC, in an order dated April 23, 2013, denied petitioners’ special and affirmative defense of lack of jurisdiction on the ground that Antique’s resolution foreclosed amicable settlement and that respondents’ petition was not a mere boundary dispute.
The RTC, in an order dated July 17, 2013, denied petitioners’ motion for reconsideration and found that voluminous documents indicated Liwagao was within Bulalacao and that Mayor Lim’s solicitation of consent amounted to an admission.
Petitioners moved for certiorari and prohibition and obtained a temporary restraining order from the Supreme Court staying enforcement of the RTC orders.

Issues

The sole legal issue was whether the Regional Trial Court had jurisdiction over the respondents’ petition for recovery of property and declaration of territorial and political jurisdiction/dominion over Liwagao Island.
Subsidiary issues included whether the dispute constitutes a boundary dispute under the Local Government Code and whether the procedural steps under the IRR and the Code had been exhausted before resort to the RTC.

Petitioners' Contentions

Petitioners argued that the controversy is a boundary dispute subject to the exclusive and primary jurisdiction of the respective Sangguniang Panlalawigans under Section 118, Local Government Code and its IRR.
Petitioners maintained that the RTC lacked jurisdiction because respondents did