Draft Ordinance No.

1
Sponsors: Honorable JORGE R. BENGUA, SP Member; Honorable ALEXANDER
JAMES D. JAUCIAN, SP Member; Honorable EMMANUEL H. NOBLE,
SP Member; Honorable ROMULO O. NACIONAL, SP Member; and
Honorable RUSSEL F. PALA, SP Member - Ex-Officio

AN ORDINANCE PROVIDING FOR THE RULES OF PROCEDURE IN RESOLVING

BOUNDARY DISPUTE CASES WITHIN THE PROVINCE OF CAMARINES SUR

WHEREAS, Section 118 (b) of Republic Act (RA) No. 7160, or the Local
Government Code of 1991, provides that “boundary disputes involving two (2)
or more municipalities within the same province shall be referred for
settlement to the Sangguniang Panlalawigan concerned;

WHEREAS, boundary disputes have always had negative effects on the

territorial identity, administrative operations, delivery of basic services, and
other related issues and concerns, resulting in unnecessary confusion in the
minds of local officials as well as constituents within the affected local
government units;

WHEREAS, in the case of Municipality of Kananga vs Judge Madrona, 402

SCRA 330 (2003), the Supreme Court said that boundary disputes must be
resolved with fairness and certainty by drawing with precise strokes the
territorial boundaries of a local government unit and that any uncertainties in
the boundaries will sow costly conflicts in the exercise of governmental
powers which will ultimately prejudice the general welfare;

WHEREAS, Section 18 (e) of RA No. 7160, or the Local Government Code

of 1991, also provides that in case amicable settlement is not reached within
sixty (60) days from the date the dispute was referred thereto, it shall issue a
certification to that effect, and 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 of no amicable settlement;

WHEREAS, it is to the best interest of the Province of Camarines Sur and

all its municipalities and city to adopt and promote a clearly dilenated rules of
procedure in resolving boundary dispute cases within the Province.

NOW, THEREFORE, on motion of Honorable ____________________,

which was duly seconded by Honorable __________________________, --

BE IT ORDAINED BY THE SANGGUNIANG PANLALAWIGAN IN SESSION

ASSEMBLED, THAT: -
 Section 1. SHORT TITLE. This Ordinance shall be known and referred to as
“The Rules of Procedure on Boundary Dispute Cases” for the Province of
Camarines Sur.

Section 2. SCOPE AND DEFINITION. This Ordinance shall cover all the
territorial boundary dispute cases or conflicts involving two (2) or more
municipalities and/or city(ies) within the Province of Camarines Sur referred
to the Sangguniang Panlalawigan for amicable settlement or resolution. There
is a boundary dispute when a portion or the whole of the territorial area of a
Local Government Unite is claimed by two (2) or more Local Government
Units.

Section 3. LEGAL BASIS. Section 118 (b) of Republic Act (RA) No. 7160, or
the Local Government Code of 1991, as well as Rule III, Section 16 (b) of its
Implementing Rules and Regulations (IRR), provides that the Sangguniang
Panlalawigan shall have jurisdiction in resolving boundary conflict or disputes
involving the two (2) or more municipalities within the same province.

Section 4. PROCEDURE FOR SETTLING BOUNDARY DISPUTES. The following

procedures shall govern the settlement of boundary disputes:

4.01. FILING OF PETITION. The Sangguniang Bayan or Sangguniang

Panglungsod, as the case may be, may initiate an action by filing a petition,
in the form of resolution with the Sangguniang Panlalawigan of Camarines
Sur. The boundary dispute shall be considered as having been referred to
the Sangguniang Panlalawigan upon receipt of the petition stating the
contents referred to in Section 4.02 hereof and the required
accompanying attachments referred to in Section 4.03 hereof.

4.02. CONTENTS OF PETITION. The petition shall state the grounds,

reasons, or justifications thereof.

4.03. DOCUMENTS TO BE ATTACHED TO PETITION. The petition shall

be accompanied by the following documents:

1.) Duly authenticated copy of the law or statute creating the

municipality or city or any other documents showing proof of creation
of the LGU;

2.) Provincial, city, municipal or barangay map, as the case may

be, duly certified by the Land and Management Bureau (LMB);
 3.) Technical descriptions of the boundaries of the
municipality(ies) and/or city(ies) concerned;

4.) Written certification of the Municipal/City Assessor as to

territorial jurisdiction over the disputed area according to records in
custody;

5.) Written declaration or sworn statements of the people

residing in the disputed area; and

6.) Such other documents or information as may be required by

the Sangguniang Panlalawigan hearing the dispute.

4.04. NUMBER OF COPIES. The Petitioner LGU shall furnish twenty (20)
sets/folders of the documentary requirements to the Sangguniang
Panlalawigan.

4.05. INCLUSION IN THE ORDER OF BUSINESS. The Sangguniang

Panlalawigan Office of the Secretary (Secretariat) shall verify the
completeness of the documentary requirements and if found complete,
shall include the Petition in the Order of Business for the next regular
session and distribute the documents as follows:

1.) One (1) copy for the Presiding Officer;

2.) One (1) copy each for the thirteen (13) Sangguniang
Panlalawigan members;

3.) One (1) copy for the Adverse Party LGU;

4.) One (1) copy for the Office of the Secretary to the
Sangguniang Panlalawigan;

5.) One (1) received copy for the Petitioner

6.) One (1) copy for the Office of the Governor;

7.) One (1) copy for the Department of Environmental Resources

(DENR); and

8.) One (1) copy for the Department of Interior and Local
Government (DILG).
 4.06. INDORSEMENT TO THE COMMITTEE. After the Petition is
calendared, the same shall be referred to the Ad Hoc Committee for
Boundary Disputes.

4.07. ANSWER OF ADVERSE PARTY LGU. Upon receipt of the Petition

and its attached documents, the Adverse Party LGU shall be given a
non-extendable period of fifteen (15) working days from receipt within
which to file its answer.

4.08. AMICABLE SETTLEMENT. Within five (5) working days after

receipt of the answer of the Adverse Party LGU, the Ad Hoc Committee for
Boundary Disputes shall conduct a committee hearing to be attended by
the contending parties to try to amicably settle the case. The Parties shall
be encouraged to adduce and file all evidence required in support of their
respective claims for consideration of the Committee in the preparation of
the committee report.

4.09. FAILURE TO SETTLE. In the event that the Sangguniang

Panlalawigan, through its Ad Hoc Committee for Boundary Disputes, fails
to amicably settle the dispute within sixty (60) days from the date such
dispute was referred to the Sangguniang Panlalawigan pursuant to Section
4.01 hereof, the Sangguniang Panlalawigan shall issue a certification to
that effect and copies thereof shall be furnished the parties concerned.
The Sangguniang Panlalawigan shall then direct the Ad Hoc Committee to
proceed and formally try the case and allow the parties concerned to
present their respective supporting evidences. No motion for extension
shall be given due course; however, the Parties shall not be precluded
from filing supplemental pleadings and adducing supporting evidence
until such time as the committee hearings are terminated, pending the
submission of the Committee Report to the Sangguniang Panlalawigan for
deliberation in accordance with Section 4.10 and 4.11 hereof.

4.10. COMMITTEE REPORT. The Ad Hoc Committee for Boundary

Disputes shall render a report to the Sangguniang Panlalawigan within
forty-five (45) days from the date of issuance of the certification of failure
of amicable settlement of the dispute, on the basis of all the pleadings
filed and supporting evidence submitted for consideration.

4.11. FINAL DELIBERATION. Upon consideration of the Committee

Report by the Sangguniang Panlalawigan together with the findings and
recommendations, the Sangguniang Panlalawigan shall conduct its final
deliberations.
 4.12. ORDER OF RULING. The Sangguniang Panlalawigan, in deciding
the case, shall take into consideration the following, to wit:

(a.) An approved boundary survey certified by the Land

Management Bureau (LMB) between or among the properties subject
for settlement, shall be given a lot of credence.

(b.) In the absence of an approved survey, the Sangguniang

Panlalawigan may also refer to the tax mappings as certified by the
Provincial/City/Municipal Assessor’s Office;

(c.) When paragraphs (a) and (b) are not available, the
Sangguniang Panlalawigan may direct the parties to adopt
self-delineation. The natural boundaries shall be given preferential
consideration such as rivers, lakes, streams, creeks, in establishing
boundaries. An actual survey may also be done prior to the decision to
be attended by all parties affected. A concrete boundary monument
shall be erected pursuant to the approved survey. Failure to resolve
shall otherwise lead to a declaration of a “status quo”.

4.13. DECISION. The Sangguniang Panlalawigan shall render its

Decision within sixty (60) days from the date the certification (of failure of
amicable settlement) mentioned in Section 4.09 was issued. Copies of the
Decision shall, within fifteen (15) days from the promulgation hereof, be
furnished the parties concerned, the Department of Interior and Local
Government (DILG), the Provincial Assessor and the Municipal Assessor of
both parties LGU, Commission on Election (COMELEC), the Philippines
Statistics Office (PSA), and other government and non-government
agencies concerned.

4.14. APPEAL. Within the time and manner prescribed by the Rules of
Court, any party may elevate the Decision of the Sangguniang
Panlalawigan to the proper Regional Trial Court having jurisdiction over
the dispute by filing therewith the appropriate pleading, stating among
others, the nature of the dispute, the assailed decision of the Sangguniang
Panlalawigan, and the reasons for appealing therefrom. The Regional Trial
Court shall decide the case within one (1) year from the filing thereof.

Section 5. EFFECTS OF FINAL DECISION OF BOUNDARY DISPUTES. When

the boundary disputes has been settled with finality, the following rules and
regulations shall be observed:
 5.01. CONSTITUENTS. All affected parties and residents are deemed
transferred to the prevailing municipality/city pursuant to the decision.

5.02. PROHIBITION OF ISSUANCES. All local government officials are

prohibited from issuing certification of residency, barangay clearance,
purok clearance, and other issuance to the said affected residents which
are finally no longer belonging to said Local Government Unit (LGU)
pursuant to the final decision.

5.03. PROHIBITION ON COLLECTION OF REAL PROPERTY TAXES. The

Municipal/City Assessor’s Office as well as the Municipal/City Treasurer’s
Office are likewise prohibited from collecting Real Property Taxes due on
the properties that are adjudged in favor of the prevailing Local
Government Unit (LGU) pursuant to the Decision.

5.04. ALONG BOUNDARY LINES. In case the property is located along

the boundary lines, the affected residents shall be given the “prerogative”
to choose what particular municipality/city she wanted to be a resident of.
The phrase “along boundary lines” shall mean not more than ten (10)
meters from the established boundary of the two or more Local
Government Units (LGUs). Said boundary may usually be a road, street,
creek, river, and other natural boundaries as acceptable by all parties or
according to the approved survey.

5.05. ADJUSTMENT AND REVISION OF MUNICIPAL/CITY RECORDS. The

necessary adjustment and revision in the respective records of the
contending parties shall be reflected. The Municipal/City Assessor’s Office,
Municipal/City Treasurer’s Office, Municipal/City Planning and
Development Coordinating Office, or similar office, shall be directed to
adjust and revise its or their records according to the final decision.
Likewise, the COMELEC, DILG, DENR, PSA, and other government agencies
and non-government agencies concerned are enjoined to update its or
their respective records.

Section 6. PENALTIES. Violation of provisions of this Ordinance shall be

penalized under existing laws.

6.01. FALSIFICATION OF PUBLIC DOCUMENTS. If the violator is a local

government official who continually issued certification of residency,
clearances and other issuances despite the final decision, appropriate
charges shall be filed accordingly by any interested individual.
 6.02. If the violator is a local government official who continually
recognizes the affected residents despite the final decision of the
boundary dispute shall be penalized under the existing laws.

6.03. If the violator is a local government official who continues to

collect real property taxes over properties that no longer fall within the
territorial jurisdiction of the Local Government Unit (LGU) concerned
pursuant to the Decision, appropriate charges shall be filed by any
interested individual.

Section 7. MAINTENANCE OF STATUS QUO. Pending final resolution of the

dispute, the status of the affected area prior to the dispute shall be
maintained and continued for all purposes.

Section 8. OFFICIAL CUSTODIAN. The Department of Interior and Local

Government (DILG) shall be the official custodian of all copies of documents
on boundary disputes of Local Government Units (LGUs).

Section 9. SEPARABILITY CLAUSE. If, for any reason, any part of provision
of this Ordinance shall be declared unconstitutional, or invalid, by a court of
competent jurisdiction, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

Section 10. REPEALING CLAUSE. All ordinances and administrative

regulations or part thereof which is inconsistent with any provision of this
Ordinance are hereby repealed or modified accordingly.

Section 11. EFFECTIVITY. This Ordinance shall take effect immediately

after its publication in the newspaper of local circulation or posting in three (3)
conspicuous places within the Province of Camarines Sur.

ENACTED. April __, 2021.