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Substantial Change of Boundaries

No substantial alteration of boundaries of local govenunen1


units shall take effect unless approved by a majority of the votes
cast in a plebiscite called for the purpose in the political unit or Unit!
directly affected.
The plebiscite shall be conducted by Comelec within 120 daya
from the date of effectivity of the law or ordinance effecting such
action, unless said la\v or ordinance fixes another date. 67

1. Settlement of Boundary Disputes


It is mandated that boundary disputes between and among
local government units shall, as much as possible, be settled anri-
cably. The fallowing rules govern the amicable settlement of
boundary disputes, thus:
(a) Boundary disputes involving two (2) or more barangays
in the same city or municipality shall be referred for set·
tlement to the Sangguniang Panlungsod or sangguniang
bayan concerned.
(b) Boundary disputes involving two (2) or more municipali·
ties within the same province shall be referred for settle-
ment to the Sangguniang Panlalawigan concerned.
CHAPrER6 61
CREATION, CONVERSION, DMSION, MERGER, SUBSTANTIAL CHANGE
OF BOUNDARY OF LOCAL GOVERNMENT UNITS AND ABOLITION

(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 munici-
pality 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 sanggu-
nians of the parties.
(e) In the event the sanggunian fails to effect an amicable
settlement within sixty (60) days from the date the dispute
was refened 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. 68

~ " " - ~ ps:escnoeil bj the


. • Ru~ of..Court, ,
•any~ =-,_ ~ · ™JJL.tae 98Dggl)IU8D CQDOft'Jl~
tlr-~ ~ i i e l Ta.I ~ -~~JI.Ver.thw::mea•
imdiaPJJie. 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.89
Unlike R.A. 6128 and B..P. 337, the LGC of 1991 grants an
expanded role on the Sangguniang Panlalawigan concerned in
resolving cases of municipal 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 Panlalawigan is now specifically vested with original
jurisdiction to actually hear and. decide the dispute in acc_o rdance
with the procedures laid down in the law and its implementing rules
and regulations. This situation, in effect, reverts to the old rule under
the RAC, prior to its amendment by R.A. 6128, under which the
provincial boards were empowered to investigate, hear the parties
and eventually decide the case on the basis thereof. On the other
hand, under the LGC of 1991, the trial court loses its power to try,
at the first instance, cases of municipal boundary disputes. Only in
T IU-: 1-:sst-:N'f l A(,S ()I-' [ ,( )(' AJ, t:OVJ<~RNMENT LAW
ti 2 IN TIIE pJIILIPPINES

tht' cxt-r ci~c of itH app1 •/lal<' jurisdiction can_ the proper RTc
ttu• CH ~ P. 011 ap1ll'al. 1-(huuld any purtY uggricvcd by the dee· ~eei14
the.• Su11J.!J.:11n i a11J,( J>a11/alau·iJ:tlll ell'vatc the same.10 is1ol'l ~

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