DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG NAPOLCOM Cantor EDSA comer Guszon Avene, West Tang, Quazon Cy af ig go DILG OPINION Ni S. 26, . ADELINO B. SITOY Secretary and Head 20 DEC 20% Presidential Legislative Liaison Office - Office of the President Malacatang, Manila Dear See. Sitoy: ‘This has reference to your letter dated 13 October 2016 requesting for the enforcement of Department of Environment and Natural Resources (DENR)'s Survey Result relative to boundary lines separating the Municipality of Cordova, Province of Cebu, from the Gity of Lapu-lapu. As stated in the letter, there is refusal on the part of Lapu-lapu City Mayor to recognize the DENR findings relative to the boundary lines between the City of Lapu-lapu and the Municipality of Cordova City of Gebu. Such refusal already signified the presence ofa boundary dispute between the concerned Local Government Units. It also added that DENR declined the implementation of said survey result on the basis of lack of jurisdiction. Hence, your request for its enforcement before this Department. Herein, we find Section 118 (c) (e) and Section 119, R.A. No. 7160, applicable, to wit: “SECTION 118. Jurisdictional Responsibility for Settlement of Boundary Dispute. - Boundary disputes between and among local government units shall, as much as possible, be settled amicably. To this end: 20x (©) Boundary disputes involving municipalities or component cities of different provinces shall be jointly referred for settlement to the Sanggunians of the provinces concerned. (c) In the event thé 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 119. Appeal. - Within the time and manner prescribed by the Rules of Court, any party may elevate the decision of the Sanggunian concerned to the proper Regional Trial Court having jurisdiction over the area in dispute. The Regional Trial Court shall decide the appeal within one (1) year from the filing thereof. Pending final resolution of the disputed area prior to the dispute shall be maintained and continued for all legal purposes.” Based on the aforecited provisions, the jurisdiction for the settlement of herein subject boundary dispute lies within the Sanggunian of the respective Local Government Units concerned. In cases of failed attempt for amicable settlement, the appeal for such dispute is cognizable by the Regional Trial Court. Premises considered, it is respectfully submitted that this Department is also without jurisdiction to act on the subject request for enforcement of DENR Boundary Survey Findings. On this note, however, the appropriate action this Department may take on this concern is in line with its supervisory function over Local Government Units pursuant to R.A. 6975, otherwise known as the Department of the Interior and Local Government Act of 1990. ‘Thus, having been informed of this case through your letter, this Department. hereby gives an assurance that the Local Governments of the Municipality of Cordova, Province of Cebu, and the City of Lapu-lapu, shall be apprised and guided on the available remedies it may take for the settlement of said boundary dispute. We hope to have assisted you on this matter. ‘Thank you. Very tryl¥ Pours, AUSTERE A. PANADERO Undersecretary egos ge