RULE III

Settlement of Boundary Disputes

ARTICLE 15. Definition and Policy. There is a boundary
dispute when a portion or the whole of the territorial area of an
LGU is claimed by two or more LGUs. Boundary disputes
between or among LGUs shall, as much as possible, be settled
amicably.
ARTICLE 16. Jurisdictional Responsibility. Boundary
disputes shall be referred for settlement to the following:
(a) Sangguniang panlungsod or sangguniang bayan for
disputes involving two (2) or more barangays in the same city
or municipality, as the case may be;
(b) Sangguniang panlalawigan, for those involving two (2) or
more municipalities within the same province;
(c) Jointly, to the sanggunians of provinces concerned, for
those involving component cities or municipalities of different
provinces; or
(d) Jointly, to the respective sanggunians, for those involving a
component city or municipality and a highly-urbanized city; or
two (2) or more highly-urbanized cities.
ARTICLE 17. Procedures for Settling Boundary Disputes.
The following procedures shall govern the settlement of
boundary disputes:
(a) Filing of petition The sanggunian concerned may
initiate action by filing a petition, in the form of a resolution,
with the sanggunian having jurisdiction over the dispute.
(b) Contents of petition The petition shall state the grounds,
reasons or justifications therefore.
(c) Documents attached to petition The petition shall be
accompanied by:
(1) Duly authenticated copy of the law or statute creating the
LGU or any other document showing proof of creation of the
LGU;
(2) Provincial, city, municipal, or barangay map, as the case
may be, duly certified by the LMB;
(3) Technical description of the boundaries of the LGUs
concerned;
(4) Written certification of the provincial, city, or municipal
assessor, as the case may be, as to territorial jurisdiction over
the disputed area according to records in custody;
(5) Written declarations or sworn statements of the people
residing in the disputed area; and
(6) Such other documents or information as may be required
by the sanggunian hearing the dispute.

(d) Answer of adverse party Upon receipt by the

sanggunian concerned of the petition together with the
required documents, the LGU or LGUs complained against
shall be furnished copies thereof and shall be given fifteen
(15) working days within which to file their answers.
(e) Hearing Within five (5) working days after receipt of
the answer of the adverse party, the sanggunian shall hear the
case and allow the parties concerned to present their respective
evidences.
(f) Joint hearing When two or more sanggunians jointly
hear a case, they may sit en banc or designate their respective
representatives. Where representatives are designated, there
shall be an equal number of representatives from each
sanggunian. They shall elect from among themselves a
presiding officer and a secretary. In case of disagreement,
selection shall be by drawing lot.
(g) Failure to settle In the event the sanggunian fails to
amicably settle the dispute within sixty (60) days from the
date such dispute was referred thereto, it shall issue a
certification to that effect and copies thereof shall be furnished
the parties concerned.
(h) Decision Within sixty (60) days from the date the
certification was issued, the dispute shall be formally tried and
decided by the sanggunian concerned. Copies of the decision
shall, within fifteen (15) days from the promulgation thereof,
be furnished the parties concerned, DILG, local assessor,
COMELEC, NSO, and other NGAs concerned.
(i) 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 dispute by filing therewith the
appropriate pleading, stating among others, the nature of the
dispute, the decision of the sanggunian concerned and the
reasons for appealing therefrom. The Regional Trial Court
shall decide the case within one (1) year from the filing
thereof. Decisions on boundary disputes promulgated jointly
by two (2) or more sangguniang panlalawigans shall be heard
by the Regional Trial Court of the province which first took
cognizance of the dispute.
ARTICLE 18. 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.
ARTICLE 19. Official Custodian. The DILG shall be the
official custodian of copies of all documents on boundary
disputes of LGUs.
RA 8749
Section 43. Suits and Strategic Legal Actions Against Public
Participation and the Enforcement of this Act. - Where a suit is
brought against a person who filed an action as provided in
Section 41 of this Act, or against any person, institution or
government agency that implements this Act, it shall be the
duty of the investigating prosecutor or the court, as the case
may be, to immediately make a determination not exceeding

thirty (30) days whether said legal action has been filed to
harass, vex, exert undue pressure or stifle such legal recourses
of the person complaining of or enforcing the provisions of
this Act. Upon determination thereof, evidence warranting the
same, the court shall dismiss the case and award attorney's
fees and double damages.
This provision shall also apply and benefit public officers who
are sued for acts committed in their official capacity, there
being no grave abuse of authority, and done in the course of
enforcing this Act.
Civil Code
Art. 34. When a member of a city or municipal police force
refuses or fails to render aid or protection to any person in
case of danger to life or property, such peace officer shall be
primarily liable for damages, and the city or municipality shall
be subsidiarily responsible therefor. The civil action herein
recognized shall be independent of any criminal proceedings,
and a preponderance of evidence shall suffice to support such
action.
Art. 2180. The obligation imposed by Article 2176 is
demandable not only for one's own acts or omissions, but also
for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother,
are responsible for the damages caused by the minor children
who live in their company.
Guardians are liable for damages caused by the minors or
incapacitated persons who are under their authority and live in
their company.

The owners and managers of an establishment or enterprise

are likewise responsible for damages caused by their
employees in the service of the branches in which the latter are
employed or on the occasion of their functions.
Employers shall be liable for the damages caused by their
employees and household helpers acting within the scope of
their assigned tasks, even though the former are not engaged
in any business or industry.
The State is responsible in like manner when it acts through a
special agent; but not when the damage has been caused by the
official to whom the task done properly pertains, in which case
what is provided in Article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades
shall be liable for damages caused by their pupils and students
or apprentices, so long as they remain in their custody.
The responsibility treated of in this article shall cease when
the persons herein mentioned prove that they observed all the
diligence of a good father of a family to prevent damage.
(1903a)
Art. 2189. Provinces, cities and municipalities shall be liable
for damages for the death of, or injuries suffered by, any
person by reason of the defective condition of roads, streets,
bridges, public buildings, and other public works under their
control or supervision. (n)