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GISELLA DIZON-REYES
SUMMARY: Kapalong moved to dismiss Sto. Tomas complaint for settlement of boundary. Court held
that dismissal was proper, since Sto. Tomas has no legal personality and cannot be a party to any civil action. Presidents cannot create municipalities, and Sto. Tomas here was created by Pres. Garcia.
FACTS:
Pres. Garcia created the Municipality of Santo Tomas from portions of the Municipality of Kapalong. Sto. Tomas now asserts jurisdiction over eight barrios of Kapalong. Sto. Tomas filed a complaint against Kapalong for settlement of the municipal boundary dispute. From portions of the Municipality of Kapalong, President Carlos P. Garcia created Municipality of Sto.Tomas. Sto. Tomas now asserts jurisdiction over 8 barrios of Kapalong. For many years and on several occasions, this conflict of boundaries between the two municipalities was brought, at the instance of the Mayor of Sto. Tomas, to the Provincial Board of Davao for it to consider and decide. However, no action was taken on the same. The Municipality of Sto. Tomas eventually filed a complaint against the Municipality of Kapalong, for settlement of the municipal boundary dispute. The Municipality of Kapalong filed a MTD on the ground of lack of legal personality of the Municipality of Sto. Tomas.