FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES
2260

House Bill no.

Introduced by Representative Peter M. Unabia

EXPLANATORY NOTE

With the passage of Republic Act 7160 otherwise known as the Local
Government Code of 1991, the Sangguniang Panlalawigan/Panlungsod/Bayan are
primary tribunals responsible in the amicable settlement of boundary disputes
between and among local government units

The LGC of 1991 grants an expanded role on the Sangguniang concerned in
resolving cases of boundary disputes. Aside from having the function of bringing the
contending parties together and intervening or assisting in the amicable settlement of
the case, the Sangguniang concemed is now specifically vested with original
jurisdiction to actually hear and decide the dispute in accordance with the
procedures laid down in the law and it's implementing rules and regulations.

Notably, under the LGC of 1991, the trial court loses its power to try, at the
first instance, such cases of boundary disputes. Only in the exercise of its appellate
jurisdiction can the proper RTC decide the case, on appeal, should any party
aggrieved by the decision of the Sangguniang concerned elevate the same.

This is purposely done to unclog the court dockets with such cases and to
lessen if not to do away with expensive court litigations.

Nevertheless, the spirit and intent of the R.A. 7160 is not present to boundary
disputes involving a municipality and an independent component city of the same
province, and disputes involving a municipality and a component city of the same
province.

Inasmuch as Section 118 of the LGC finds no application to cases involving a
municipality and an independent component city of the same province, and involving
a municipality and a component city, the general rules governing jurisdiction
specifically Batas Pambansa Blg. 129 otherwise known as the Judiciary
Reorganization Act of 1980, as amended by Republic Act No. 7691.Section 19(6) of
this law provides:


Section 19(6)

"Sec. 19. Jurisdiction in civil cases, — Regional Trial Courts shall
exercise exclusive original jurisdiction:

XXX XXX XxX

"(6) In all cases not within the exclusive jurisdiction of any court,
tribunal, person or body exercising judicial or quasi-judicial functions

In the case of Municipality of Kananga vs. Hon. Judge Fortunito L. Madrona
G.R. No. 141375 April 30, 2003, the Supreme Court ruled that since there is no
legal provision specifically governing jurisdiction over boundary disputes between a
municipality and an independent component city, it follows that regional trial courts
have the power and the authority to hear and determine such controversy

Indeed, court litigations and unresolved boundary disputes have sown costly
conflicts in the exercise of governmental powers and prejudiced the people’s welfare.
Precisely because of these disputes, some Companies have withheld the share in
the proceeds from the development and the utilization of natural wealth, as provided
for in Section 289 of the LGC.

Since there is no specific law providing for the exclusive jurisdiction of any
court, tribunal or agency over the settlement of the aforesaid boundary disputes, a
swift approval of this Bill is earnestly requested.

1. UNABIA
. 1° District
lisamis Oriental 3°


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

House Billno.__2260

Introduced by Representative Peter M. Unabia

AN ACT AMENDING SECTION 118 OF THE LOCAL GOVERNMENT CODE OF
1991 BY INSERTING TWO ADDITIONAL SUB-PARAGRAPHS AND FOR OTHER
PURPOSES.

Section 1. - Section 118 of Republic Act No. 7160 is hereby amended to INCLUDE A
NEW sub — paragraph (e) and (f) to read as follows:

"Sec. 118. Jurisdictional Responsibility for Settlement of Boundary
Disputes. — Boundary disputes between and among local government units
shall, as much as possible, be settled amicably. To this end:

“(a) Boundary disputes involving two (2) or more barangays in the same city or municipality
shall be referred for settlement to the Sangguniang panlungsod or sangguniang
bayan concermed.

"(b) Boundary disputes involving two (2) or more municipalities within the same province shall
be referred for settlement to the Sangguniang panlalawigan concemed.

*(c) Boundary disputes involving municipalities or component cities of different provinces shall
be jointly referred for settlement to the Sanggunians of the provinces concerned.

“(d) Boundary disputes involving a component city or municipality on the one hand and a
highly urbanized city on the other or two (2) or more highly urbanized cities shall be jointly
referred for settlement to the respective sanggunians of the parties.

“(e) Boundary disputes involving _a_ municipality and _an_ independent
component city shall_be jointly referred for settlement to the respective

sangqunians of the parties:

“@ Boundary disputes involving a municipality and a component ci
same_ province shall_be jointly referred for settlement to the respe:
sangqunians of the parties

"(g) In the event the sanggunian fails to effect an amicable settlement within
sixty (60) days from the date the dispute was referred thereto, it shall issue a
certification to that effect. Thereafter, the dispute shall be formally tried by



the sanggunian concerned which shall decide the issue within sixty (60) days from
the date of the certification referred to above.”

Section 6, Repealing Clause. - All laws, decrees, executive orders, and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act, are hereby
repealed or modified accordingly.

Section 7. Separability Clause. - If, for any reason, any section or provision of this
Act is held unconstitutional or invalid, the other sections or provisions hereof shall
not be affected and thereby remain in full force and effect.

Section 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation

APPROVED