Source: Interaksyon
MANILA - The municipality of Pateros suffered a legal setback
Thursday in its effort to regain control of several barangays in Fort
Bonifacio that, it had claimed, rightfully belonged to it but were also
being claimed by Makati and Taguig cities.
The ruling issued by the Court of Appeals (CA) Ninth Division upheld an earlier ruling of the Pasig City Regional Trial Court (RTC), adding also that the RTC did not commit grave abuse of discretion when it ruled against Pateros' claim.
The appeals court said the Pasig City RTC did not err when it ruled that Pateros failed to satisfy the requirements under the 1991 Local Government Code, particularly Sections 118 and 119.
These sections, among others, required that boundary disputes involving a municipality on the one hand and a highly urbanized city on the other, should be jointly referred for settlement to the respective local councils of the parties involved.
It was also stated that the parties may only elevate the case to the proper RTC that has jurisdiction over the disputed area.
But the CA said this was not the case when Pateros lodged a complaint before the Pasig City RTC.
The Court further explained that what Pateros brought in its complaint were "unilateral acts" of its own Sanggunian or municipal council, thereby violating the provision of the Local Government Code.
Pateros earlier claimed ownership of barangays Cembo, West Rembo, East Rembo, Comembo, Pembo, South Cembo and Pitogo, which presidential proclamations issued by then presidents Ferdinand Marcos and Corazon Aquino have declared as owned by Makati.
The CA in a 2013 ruling also said the areas rightfully belonged to Makati.
This prompted the city government of Taguig to also file a case, claiming ownership and jurisdiction over these areas.
Pateros has cited historical precedents for its claim, saying that these areas were part of its Barangay Mamangkat, which is one of the town's five barrios or barangays during the 1800s.
Pateros said it has historical documents, such as the 1885 Plano de Provincial de Manila, the 1901 Map of Luzon Island and the 1891 Plano de Hacienda de Maricaban to bolster its claim.
The ruling issued by the Court of Appeals (CA) Ninth Division upheld an earlier ruling of the Pasig City Regional Trial Court (RTC), adding also that the RTC did not commit grave abuse of discretion when it ruled against Pateros' claim.
The appeals court said the Pasig City RTC did not err when it ruled that Pateros failed to satisfy the requirements under the 1991 Local Government Code, particularly Sections 118 and 119.
These sections, among others, required that boundary disputes involving a municipality on the one hand and a highly urbanized city on the other, should be jointly referred for settlement to the respective local councils of the parties involved.
It was also stated that the parties may only elevate the case to the proper RTC that has jurisdiction over the disputed area.
But the CA said this was not the case when Pateros lodged a complaint before the Pasig City RTC.
The Court further explained that what Pateros brought in its complaint were "unilateral acts" of its own Sanggunian or municipal council, thereby violating the provision of the Local Government Code.
Pateros earlier claimed ownership of barangays Cembo, West Rembo, East Rembo, Comembo, Pembo, South Cembo and Pitogo, which presidential proclamations issued by then presidents Ferdinand Marcos and Corazon Aquino have declared as owned by Makati.
The CA in a 2013 ruling also said the areas rightfully belonged to Makati.
This prompted the city government of Taguig to also file a case, claiming ownership and jurisdiction over these areas.
Pateros has cited historical precedents for its claim, saying that these areas were part of its Barangay Mamangkat, which is one of the town's five barrios or barangays during the 1800s.
Pateros said it has historical documents, such as the 1885 Plano de Provincial de Manila, the 1901 Map of Luzon Island and the 1891 Plano de Hacienda de Maricaban to bolster its claim.
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