P E T I T I
O N
THE
PETITIONERS respectfully state:
I.
PARTIES
A. PETITIONERS
x x x.
B. RESPONDENT
x x x.
II.
NATURE OF THE COMPLAINT
5. This
petition respectfully seeks the administrative, political, rule-making power,
and quasi-judicial intervention of the City Council, pursuant to the Local
Government Code of 1991, to find ways and means of resolving, with wisdom and
finality, the long-existing boundary
dispute and related issues that have negatively affected the territorial identity, administrative
operations[2],
delivery of basic services[3],
collection of revenues and fees, voters registration, and other general
welfare-related issues and concerns[4]
facing the petitioner Barangay, resulting in unnecessary confusion in the minds
of the voters, constituents and enterprises voting, residing, located or doing
business within the territorial boundary of the petitioner Barangay and in the adjoining areas that were used to be
known as forming part of the territorial boundary and jurisdiction petitioner
Barangay for many decades now since it original creation.
6. These issues have been in existence and have
remained unresolved for the many decades now. It is time for the City
Council to settle, resolve, mediate, arbitrate, and adjudicate the same with
finality and in a comprehensive, wise, just, and fair manner, in the interest
of public service and the general welfare not
only of the two (2) contending Barangays but of the City itself as a whole.
III.
JURISDICTION AND APPLICABLE LAWS
7. It
will be noted that Sections 118 and 119
of the Local Government Code of 1991 provide for the specific procedures for
the SETTLEMEMNT OF BOUNDARY DISPUTE. Inter
alia, the said provisions vest in the City Council the power and authority
to mediate, arbitrate, and adjudicate any and all boundary disputes between and
among all Barangays located within its territorial jurisdiction, thus:
X X X.
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:
(a)
Boundary disputes involving two (2) or more barangays in the same city or
municipality shall be referred for settlement to the sangguniang panglunsod or
sangguniang bayan concerned.
X x x.
(e)
In the event the 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.
X X X.
8. Sections 7, et. seq. of the Code
provides of the CREATION AND CONVERSION, DIVISION AND MERGER, ABOLOTION, and
PLEBISCITE REQUIREMENT, by way of general guidelines, thus:
X X X.
SECTION 7. Creation and Conversion.
— As a general rule, the creation of a local government unit or its conversion
from one level to another level shall be based on verifiable indicators of
viability and projected capacity to provide services, to wit:
(a)
Income. — It must be sufficient, based on acceptable standards, to provide for
all essential government facilities and services and special functions
commensurate with the size of its population, as expected of the local
government unit concerned;
(b)
Population. — It shall be determined as the total number of inhabitants within
the territorial jurisdiction of the local government unit concerned; and
(c)
Land Area. — It must be contiguous, unless it comprises two or more islands or
is separated by a local government unit independent of the others; properly
identified by metes and bounds with technical descriptions; and sufficient to
provide for such basic services and facilities to meet the requirements of its
populace.
Compliance with the foregoing
indicators shall be attested to by the Department of Finance (DOF), the
National Statistics Office (NSO), and the Lands Management Bureau (LMB) of the
Department of Environment and Natural Resources (DENR).
SECTION
8. Division and Merger. — Division and
merger of existing local government units shall comply with the same
requirements herein prescribed for their creation: Provided, however, That such division shall not reduce the income,
population, or land area of the local government unit or units concerned to
less than the minimum requirements prescribed in this Code: Provided, further,
That the income classification of the original local government unit or units
shall not fall below its current classification prior to such division.
The income classification of
local government units shall be updated within six (6) months from the
effectivity of this Code to reflect the changes in their financial position
resulting from the increased revenues as provided herein.
SECTION
9. Abolition of Local Government Units. — A
local government unit may be abolished when its income, population, or land
area has been irreversibly reduced to less than the minimum standards
prescribed for its creation under Book III of this Code, as certified by the
national agencies mentioned in Section 7 hereof to Congress or to the
sangguniang concerned, as the case may be.
The law or ordinance abolishing
a local government unit shall specify the province, city, municipality, or
barangay with which the local government unit sought to be abolished will be
incorporated or merged.
SECTION 10. Plebiscite Requirement. —
No creation, division, merger, abolition, or
substantial alteration of boundaries of local government 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 units directly affected. Said
plebiscite shall be conducted by the Commission on Elections (Comelec) within one hundred twenty (120) days from
the date of effectivity of the law or ordinance effecting such action, unless
said law or ordinance fixes another date.
X X X.
9. Sections 385 and 386 of the Code provide
for the MANNER OF CREATION of and the CONSOLIDATION PLAN for Barangays, thus:
SECTION
385. Manner of Creation. — A barangay may be created,
divided, merged, abolished, or its
boundary substantially altered, by law or by an ordinance of the sangguniang
panlalawigan or panglunsod, subject to approval by a majority of the votes cast
in a plebiscite to be conducted by the Comelec in the local government unit or
units directly affected within such period of time as may be determined by the
law or ordinance creating said barangay. In the case of the creation of
barangays by the sangguniang panlalawigan, the recommendation of the
sangguniang bayan concerned shall be necessary.
SECTION
386. Requisites for Creation. — (a) A barangay may be
created out of a contiguous territory which has a population of at least two thousand (2,000) inhabitants
as certified by the National Statistics Office except in cities and municipalities within Metro Manila and other
metropolitan political subdivisions or in highly urbanized cities where such
territory shall have a certified population of at least five thousand (5,000) inhabitants: Provided, That the
creation thereof shall not reduce the population of the original barangay or
barangays to less than the minimum requirement prescribed herein.
x x x.
(b) The
territorial jurisdiction of the new barangay shall be properly identified by metes and bounds or by more or less permanent
natural boundaries. The territory
need not be contiguous if it comprises two (2) or more islands.
(c) The
governor or city mayor may prepare a consolidation
plan for barangays, based on the criteria prescribed in this Section,
within his territorial jurisdiction. The
plan shall be submitted to the sangguniang panlalawigan or sangguniang panglunsod
concerned for appropriate action.
In the case of municipalities within the Metropolitan Manila Area and other
metropolitan political subdivisions, the
barangay consolidation plan shall be prepared and approved by the sangguniang
bayan concerned.
X X X.
10. The
long-existing boundary dispute and related issues and concerns, as well as the
general feeling of confusion, disorderliness and instability created in the
minds of the constituents of the two (2) contending Barangays for many decades
now have negatively affected the effectiveness and efficiency of the operations
and the delivery of basic services by the said Barangays, as well as the
performance of their delegated powers, as provided in the Code, which are quoted
hereinbelow.
10.1.
This age-old
destabilizing situation is not conducive to the promotion of the general
welfare not only of the constituents and of the contending Barangays but also the
City itself as a local government unit.
X X X.
CHAPTER 4. — The Sangguniang Barangay
X x x.
SECTION
391. Powers, Duties, and Functions. — (a) The sangguniang
barangay, as the legislative body of the barangay, shall:
(1) Enact
ordinances as may be necessary to discharge the responsibilities conferred upon
it by law or ordinance and to promote the general welfare of the inhabitants
therein;
(2) Enact
tax revenue ordinances, subject to the limitations imposed in this Code;
(3) Enact
annual and supplemental budgets in accordance with the provisions of this Code;
(4) Provide
for the construction and maintenance of barangay facilities and other public
works projects chargeable to the general fund of the barangay or such other
funds actually available for the purpose;
(5) Submit
to the sangguniang panglunsod or sangguniang bayan such suggestions or
recommendations as it may see fit for the improvement of the barangay or for
the welfare of the inhabitants thereof;
(6) Assist
in the establishment, organization, and promotion of cooperative enterprises
that will improve the economic condition and well-being of the residents;
(7)
Regulate the use of multi-purpose halls, multi-purpose pavements, grain or
copra dryers, patios and other post-harvest facilities, barangay waterworks,
barangay markets, parking areas or other similar facilities constructed with
government funds within the jurisdiction of the barangay and charge reasonable
fees for the use thereof;
(8) Solicit
or accept monies, materials and voluntary labor for specific public works and
cooperative enterprises of the barangay from residents, land owners, producers
and merchants in the barangay; monies from grants-in-aid, subsidies,
contributions, and revenues made available to the barangays from national,
provincial, city or municipal funds; and monies from other private agencies and
individuals: Provided, however, That monies or properties donated by private
agencies and individuals for specific purposes shall accrue to the barangay as
trust fund;
(9) Solicit
or accept, in any or all the foregoing public works and cooperative
enterprises, such cooperation as is made available by national, provincial,
city, or municipal agencies established by law to render financial, technical,
and advisory assistance to barangays and to barangay residents: Provided,
however, That in soliciting or accepting such cooperation, the sangguniang
barangay need not pledge any sum of money for expenditure in excess of amounts
currently in the barangay treasury or encumbered for other purposes;
(10) Provide
compensation, reasonable allowances or per diems as well as travel expenses for
sangguniang barangay members and other barangay officials, subject to the
budgetary limitations prescribed under Title Five, Book II of this Code:
Provided, however, That no increase in the compensation or honoraria of the sangguniang
barangay members shall take effect until after the expiration of the full term
of all members of the sangguniang barangay approving such increase;
(11) Hold fund-raising
activities for barangay projects without the need of securing permits from any
national or local office or agency. The proceeds from such activities shall be
tax-exempt and shall accrue to the general fund of the barangay: Provided, That
in the appropriation thereof, the specific purpose for which such fund-raising
activity has been held shall be first satisfied: Provided, further, That no
fund-raising activities shall be held within a period of sixty (60) days
immediately preceding and after a national or local election, recall,
referendum, or plebiscite: Provided, finally, That said fund-raising activities
shall comply with national policy standards and regulations on morals, health,
and safety of the persons participating therein. The sangguniang barangay,
through the punong barangay, shall render a public accounting of the funds
raised at the completion of the project for which the fund-raising activity was
undertaken;
(12) Authorize the
punong barangay to enter into contracts in behalf of the barangay, subject to
the provisions of this Code;
(13) Authorize the
barangay treasurer to make direct purchases in an amount not exceeding One
thousand pesos (P1,000.00) at any one time for the ordinary and essential
administrative needs of the barangay;
(14) Prescribe fines in
amounts not exceeding One thousand pesos (P1,000.00) for violation of barangay
ordinances;
(15) Provide for the
administrative needs of the lupong tagapamayapa and the pangkat ng
tagapagkasundo;
(16) Provide for the
organization of community brigades, barangay tanod, or community service units
as may be necessary;
(17) Organize regular
lectures, programs, or fora on community problems such as sanitation,
nutrition, literacy, and drug abuse, and convene assemblies to encourage
citizen participation in government;
(18) Adopt measures to
prevent and control the proliferation of squatters and mendicants in the
barangay;
(19) Provide for the
proper development and welfare of children in the barangay by promoting and
supporting activities for the protection and total development of children,
particularly those below seven (7) years of age;
(20) Adopt measures
towards the prevention and eradication of drug abuse, child abuse, and juvenile
delinquency;
(21) Initiate the
establishment of a barangay high school, whenever feasible, in accordance with
law;
(22) Provide for the
establishment of a non-formal education center in the barangay whenever
feasible, in coordination with the Department of Education, Culture and Sports;
(23) Provide for the
delivery of basic services; and
(24) Exercise such other
powers and perform such other duties and functions as may be prescribed by law
or ordinance.
SECTION
392. Other Duties of Sangguniang Barangay Members. — In
addition to their duties as members of the sangguniang barangay, sangguniang
barangay members may:
(a) Assist
the punong barangay in the discharge of his duties and functions;
(b) Act as
peace officers in the maintenance of public order and safety; and
(c) Perform
such other duties and functions as the punong barangay may delegate.
X
X X.
11. The Code has provided for the RULES OF
INTERPRETATION that the City Council may apply in a situation such as the
present dispute, thus:
X X X.
SECTION 5. Rules
of Interpretation. — In the interpretation of the provisions of this Code,
the following rules shall apply:
(a) Any
provision on a power of a local government unit shall be liberally interpreted
in its favor, and in case of doubt, any question thereon shall be resolved in
favor of devolution of powers and of the lower local government unit.
Any fair and reasonable doubt as to the existence of
the power shall be interpreted in favor of the local government unit concerned;
X x x .
(c) The
general welfare provisions in this Code shall be liberally interpreted to give
more powers to local government units in accelerating economic development and
upgrading the quality of life for the people in the community;
(d)
Rights and obligations existing on the date of effectivity of this Code and
arising out of contracts or any other source of presentation involving a local
government unit shall be governed by the original terms and conditions of said
contracts or the law in force at the time such rights were vested; and
(e) In the
resolution of controversies arising under this Code where no legal provision or
jurisprudence applies, resort may be had
to the customs and traditions in the place where the controversies take place.
X X X.
12. The
petitioners are motivated by GOOD FAITH in filing this petition before the City
Council. They do not intend to create any animosity between and among the
people and the leaders of the two contending Barangays. The petitioners, in
fact, adhere to the spirit of COOPERATIVISM AND UNITY provided in the Code,
thus:
X X X.
SECTION 33. Cooperative Undertakings
Among Local Government Units. — Local government units may, through
appropriate ordinances, group themselves, consolidate, or coordinate their efforts,
services, and resources for purposes commonly beneficial to them. In support of
such undertakings, the local government units involved may, upon approval by
the sanggunian concerned after a public hearing conducted for the purpose,
contribute funds, real estate, equipment, and other kinds of property and
appoint or assign personnel under such terms and conditions as may be agreed
upon by the participating local units through Memoranda of Agreement.
X X X.
IV.
STATEMENT OF FACTS
13. Based
on the documents so far gathered by the petitioner from the records of the City
Government, on April 3, 1978, former
Pres. Ferdinand Marcos issued the following Presidential Decrees (PD), which created Barangay Talon Dos, Barangay
Talon Tres, Barangay Talon Kuatro, and Barangay Talon Singko, out of then
then existing “Barangay Talon”, copies of which are hereto attached as Annex “A” to Annex “D”, to wit:
a.
PD No.
1335 (Annex “A”). – Barangay Talon Dos.
b.
PD No. 1336
(Annex “B”). – Barangay Talon Tres.
c.
PD No. 1337
(Annex “C”). – Barangay Talon Kuatro.
d.
PD No. 1338
(Annex “D”). – Barangay Talon Singko.
14. Pursuant
to PD No. 1338 (Annex “D”, supra), which created in 1978 the
petitioner Barangay Talon Singko, “the
following subdivisions known as MOONWALK, AGRO HOMES, MIKESELL, ST.
SCHOLASTICA, and DELNOR in Barangay Talon” were “detached and separated
therefrom to form and constitute into a distinct and independent barangay which
is created to be known as Barangay Talon Singko without affecting in any manner
the legal existence of the mother Barangay Talon.” (emphasis
supplied).
15. It
appears from the records of the Office of the City Engineer that in the past it
had apparently made preliminary technical studies of the boundaries of the various
Barangays of the City.
15.1.
Copies of the said preliminary technical studies
insofar as they refer to petitioner Barangay Talon Singko are attached hereto
as Annexes “E”, “F”, and “G” hereof.
15.2.
As far as could be gathered by the petitioners
from the records of the said Office, the area of petitioner Barangay Talon
Singko has an “actual area” of 137.25 hectares, constituting 4.16% of the
City’s total of 3,298.60 hectares. The study shows that it “proposed” to
increase its area to 166.35 hectares or 5.04% of the total area of the City,
i.e., a proposed increase of 29.10 hectares. (See Annex “E”, with the
unexplained title “Option One”).
15.3.
Petitioners do not have a complete copy of the
said technical studies; do not know the legal basis for the commencement and
conduct the said studies; under whose legal authority the same were done; what
entity or agency or firm which conducted the field surveys, mappings and other
aspects of the said studies; to whom the final results and recommendations of
the said studies were submitted; what official actions were taken by the proper
authorities of the City on the said results or recommendations; whether the
proper ordinance was adopted by the City Council and approved by the City Mayor
in accordance with the said studies; and many other unknown things, facts and
events relative to the said studies and its aftermath or consequences.
15.4.
At any rate, the petitioners are not legally bound by the said studies,
the same being what they are, i.e., mere
studies and proposals which have not matured into an officially approved
ordinance that had been subjected to an official Comelec-supervised plebiscite
among the constituents of the affected Barangays, as mandated by the Local
Government Code of 1991.
16. Many
years back, in the early or middle part of the 1990s during the tenure of the
former Chairman of petitioner Barangay Talon Singko, INNOCENCIO L. VALLE, the herein
petitioner Barangay Talon Singko had formally submitted to the City Council a
POSITION PAPER, a copy of which is attached as Annex “H” hereof. It was submitted to a committee of the City
Council which was then conducting a hearing on respondent Barangay Talon Uno’s
letter-complaint that it had filed with the City Council on the matter of the boundary
dispute between it and the herein petitioner Barangay Talon Singko. It appears that the City Council at that
time did not take a final action or determination thereon by way of an
ordinance or a resolution. In his aforecited position paper, Chairman Valle
argued that:
16.1.
In 1991 respondent Barangay Talon Uno passed Barangay Resolution No. 22, Series of 1991,
“for the purpose of claiming
jurisdictional powers over areas where Barangay Talon Singko exercises
jurisdictional powers”.
16.2.
Respondent Barangay Talon Uno installed
signboards “over certain areas in Talon Singko xxx giving the impression that
it is Talon Uno who has jurisdiction over these areas”.
16.3.
The territorial jurisdiction of Barangay Talon
Singko is “NOT LIMITED TO THE AREAS COVERED BY THE SUBDIVISIONS enumerated in
P.D. No. 1338 (Moonwalk, Agro Homes, Mikesell,
St. Scholastica and Delnor)” because “Barangay
Talon Singko’s jurisdiction extends to areas contiguous to these subdivisions over which Talon Singko
presently exercise(s) jurisdiction by way of delivering essential public
services x x x.”
16.4.
The aforecited position of Barangay Talon
Singko, according to Chairman Valle, was
buttressed by (a) PD No. 1338, (b) Local Government Code of 1991, (c) Cadastral
Map of Talon Singko prepared by the Bureau of Lands, (d) Location of Voting
Precincts by the Comelec, (e) Recognition By The Candidates For Barangay Talon
Singko Who Resided Outside of the Five
(5) Subdivisions Enumerated in PD No. 1338, and (f) Services Rendered by
Barangay Talon Singko to Residents Outside of the Five (5) Subdivisions
Enumerated by PD No. 1338 who Sought Services in Talon Singko.
16.5.
Chairman Valle cited Section 7 © of the Local Government Code (in relation to Section 2
of PD No. 1338, on the requirement that the land area of a Barangay must be
“CONTIGUOUS” and “PROPERLY IDENTIFIED BY METES AND BNOUNDS WIOTH TECHNMICAL
DESCRIPTIONS” and “SUFFICIENT TO PROVIDE
FOR SUCH BASIS SERVICES AND FACILITIES TO MEET THE REQUIREMENTS OF ITS
POPULACE”.
16.6.
PD No. 1338 did not describe the METES AND
BOUNDS of Barangay Talon Singko but merely enumerated the five (5)
subdivisions.
16.7.
Simultaneously with the submission of his
Position Paper, Chairman Valle also submitted therewith to the City Council a
CADASTRAL MAP of Barangay Talon Singko prepared by the Land Management Bureau, wherein it appeared that the total area of
the said Barangay in 1991 was 271.8195 hectares, which included the above-mentioned five (5) subdivisions and the AREAS
CONTIGUOUS THERETO.
16.8.
Chairman Valle Sec. 6 of the Code as the source
of the power of the City Council to alter substantially the boundaries of
Barangays within its jurisdiction by way of an Ordinance adopted for the
purpose.
16.9.
He stressed, thus: “In the case of Talon Singko, it is prayed that the attached Cadastral
Map be made the basis for fixing its territorial jurisdiction”. (See: Page 4 of the Position Paper of
Chairman Valle).
16.10. The
Comelec had allowed voters living in the areas contiguous to the five (5) subdivisions enumerated in PD No. 1338
to register and vote in the precincts that it had created and installed in
Barangay Talon Singko, i.e., recognizing
the residence/domicile of the said voters as being officially located within
the territory of Barangay Talon Singko.
16.11.
Comelec had allowed two (2) Kagawads of Barangay
Talon Singko at that time, in the persons of MARTIN BUMANLAG (a resident of Metrocor
Homes) and JEANILIND DE RAMA (a resident of Veraville Homes), to vote and be voted upon as Kagawads of
Barangay Talon Singko.
16.12.
Barangay Talon Singko had administered the
provisions of the Barangay Justice Law of the Local Government Code to the parties/litigants
who lived in the areas contiguous to the five (5) subdivisions enumerated in PD
No. 1338 who had sought such justice-related services of Barangay Talon Singko.
17. For
purposes of the instant petition, the herein petitioners (who are incumbent
Kagawads of petitioner Barangay Talon Singko) have recently adopted a POSITION
PAPER, a copy of which is attached as Annex
“I” hereof, substantially adopting
the legal and factual arguments of Chairman Valle, supra.
18. In a LETTER, dated February 5, 2012, a copy of
which is attached as Annex “J”
hereof, the Barangay Council of Barangay Talon Singko wrote the City Mayor,
Hon. Vergel A. Aguilar, to PROTEST the actions apparently being taken by the
City Council to reduce the land area of Barangay Talon 5 to favor the claim of
respondent Barangay Talon Uno. They cited various legal, factual, and
administrative grounds in support of their Letter. They prayed that the current Cadastral Map/Survey prepared by
the Department of Environment and Natural Resources, a copy of which was
attached to the said Letter and submitted to the City Mayor, be made as the
basis to affirm the current territorial boundaries of Barangay Talon Singko as
recognized and practiced for many decades. They also attached to their Letter copies
of petitions that had been submitted to them by the constituents of Barangay
Talon Singko in support of their position.
19. On
March 27, 2012, the Barangay Council of petitioner Barangay Talon Singko
adopted BARANGAY RESOLUTION NO. 10-12, Series of 2012, a copy of which is
attached as Annex “K” hereof, authorizing the creation of an ad hoc Committee to conduct general
consultations with the people of Barangay Talon Singko, commencing the
institution of the proper legal actions
against respondent Barangay Talon Uno, and empowering its Chairman, John
John Orcine and its External Legal Counsel, to represent the said Barangay in
respect of such legal actions at the formal attorneys-in-fact thereof.
20. Various homeowners associations and/or
residents/voters living in the five (5)subdivisions and in the areas outside
thereof but are contiguous thereto have recently submitted to the petitioner
Barangay Talon Singko their respective written mass petitions in support of the
position of the petitioners, to wit:
20.1.
Annex “L”.
– Board Resolution No. 2011-04, dated August 27, 2011, adopted by the METROCOR –B HOMEOWNERS
ASSOCIATION, INC., which contains the signatures of its directors and officers,
as well as its mass membership.
20.2.
Annex “M”.
– Mass Letter-Petition, dated January
13, 2012, from the directors, officers and mass membership of the UNITED
CAIMITO (GOLDEN ACRES SUBDIVISION) NEIGHBORHOOD ASSOCIATION, INC. addressed to
the City Mayor.
20.3.
Annex “N”.
– Mass Letter-Petition, dated January 13, 2012, from the directors, officers
and the mass membership of the SAMATA, Talon Singko.
20.4.
Annex “O”.
- Mass Letter-Petition, dated January 15, 2012, from the directors, officers and
mass membership of the SAMAHANG PAGBABAGO NEIGHBORHOOD ASSOCIATION, INC.
(KALIPI).
20.5.
Annex “P”.
- Mass Letter-Petition, dated January 15, 2012, from the directors, officers
and mass membership of the DONA LEONCIA SUBDIVISION HOMEOWNERS ASSOCIATION,
INC.
21. The
prejudicial and injurious efforts of the respondent Barangay Talon Uno, acting
thru its Chairman EMILIANHO RAMOS, to control, take over, and assume power over
the areas contiguous to the five (5) subdivisions which have been, for many
decades, traditionally and officially classified by the City as part and parcel
of petitioner Barangay Talon Singko, continue to this very date.
21.1.
The latest proof the petitioners have gathered along
this line is a Letter, dated April 18,
2012, issued by respondent Barangay
Talon Uno Chairman Emiliano Ramos addressed to Abet Penafiel, president of PAG-IBIG HOMEOWNERS ASSOCIATION (Golden Acres Subd.) , a copy of which is attached as Annex “Q” hereof. It misleads the
addressee to believe that there are no Barangay authorities serving them and
that they may write him an “endorsement
letter” signed by Mr. Penafiel and his members. It further misleads the
addressee to believe that respondent Barangay Talon Uno has jurisdiction over
Golden Acres Subdivision and all the various homeowners associations existing
therein.
V.
RELIEF
WHEREFORE,
premised considered, it is respectfully prayed that:
1. This
petition be given DUE COURSE by the City Council and the Respondent be summoned
to file its formal ANSWER thereto to formally join the issues in this case;
2. This
petition be referred to the proper Committees of the City Council for (a)
MEDIATION (amicable settlement) and for (b) ARBITRATION/ADJUDICATION of this
pending case by the City Council (i.e., after the proper presentation of
evidence and witnesses by the parties and clarificatory
examination/interpellation by the investigating Committee members), in the
event of failure of the parties to arrive at a compromise, as mandated by the
Local Government Code of 1991;
3. Independent/neutral
expert witnesses, resource persons and/or technical consultants from the concerned
Departments, Bureaus, and/or Agencies of the National Government and the City
Government of Las Pinas be identified and invited by the City Council to appear
during the Committee hearings for consultation and clarificatory examination by
the investigating Committees, with the parties being allowed to conduct
cross-examinations in the interest of justice;
4. A
new, comprehensive and updated/current land
survey of Barangay Talon Singko and Barangay Talon Uno be ordered by the
City Council to form part of the
evidence of this case for consideration by the investigating Committees thereof,
which land survey shall include as part and parcel of petitioner Barangay Talon
Singko all the areas which are outside of the five (5) subdivisions listed in
PD No. 1338 but which are CONTIGUOUS thereto and which have been recognized for
many decades now as part and parcel of petitioner Barangay Talon Singko;
5. An
opinion survey/poll be conducted by
the City Council among the residents/voters of the areas which are outside the
five (5) subdivisions enumerated in PD No. 1338 but which are CONTIGUOUS
thereto and which have been traditionally recognized for many decades as part
and parcel of petitioner Barangay Talon Singko to aid the investigating
Committees in their appreciation of the pulse of the affected voters/residents
in the said areas;
6. A
BARANGAY CONSOLIDATION PLAN be adopted by the City Council, subject to a
PLEBISCITE, as mandated by the Local Government Code, to formally recognize the
current territory of Barangay Talon Singko, that is, to include the areas outside of the five (5) subdivisions listed in PD
No. 1338 but which are CONTIGUOUS thereto and which have been traditionally
recognized as part and parcel of petitioner Barangay Talon Singko for many
decades now;
7. Pendente lite, the officers of the
respondent Barangay Talon Uno be ordered to maintain the STATUS QUO ANTE LITIS
MOTAM and that it be RESTRAINED AND ENJOINED from making any act or effort or
activity that would tend to undermine or prejudice or weaken the current
exercise of jurisdiction by petitioner Barangay Talon Singko over the areas outside of the five (5) subdivisions
listed in PD No. 1338 but which are CONTIGUOUS thereto and which have been
traditionally recognized as part and parcel of petitioner Barangay Talon Singko
for many decades now;
FURTHER, the
petitioners respectfully pray for such and other reliefs as may be deemed just
and equitable in the premises.
Las Pinas
City, May 18, 2012.
LASERNA CUEVA-MERCADER LAW
OFFICES
Counsel for Petitioners
Unit 15, Star Arcade, C.V Starr Avenue
Philamlife Village, Las Pinas City 1740
Tel. Nos. 8725443, 8462538
Email _ lcmlaw@gmail.com
URL – lcmlaw.multiply.com
www.facebook.com/lasernacuevamercaderlawoffices
www.twitter.com/lcmlaw_ph
attymanueljlasernajr.blogspot.com
x x x.
[1]
SECTION 22.
Corporate Powers. — (a) Every local government unit, as a corporation,
shall have the following powers:
(1) To have
continuous succession in its corporate name;
(2) To sue and be sued;
(3) To have
and use a corporate seal;
(4) To
acquire and convey real or personal property;
(5) To enter
into contracts; and
(6) To exercise
such other powers as are granted to corporations, subject to the limitations
provided in this Code and other laws.
[2]
SECTION 15.
Political and Corporate Nature of Local Government Units. — Every local
government unit created or recognized under this Code is a body politic and
corporate endowed with powers to be exercised by it in conformity with law. As
such, it shall exercise powers as a political subdivision of the national
government and as a corporate entity representing the inhabitants of its
territory.
[3]
SECTION 17.
Basic Services and Facilities. — (a) Local government units shall endeavor
to be self-reliant and shall continue exercising the powers and discharging the
duties and functions currently vested upon them. They shall also discharge the
functions and responsibilities of national agencies and offices devolved to
them pursuant to this Code. Local government units shall likewise exercise such
other powers and discharge such other functions and responsibilities as are
necessary, appropriate, or incidental to efficient and effective provisions of
the basic services and facilities enumerated herein.
(b) Such
basic services and facilities include, but are not limited to, the following:
(1) For
Barangay:
(i)
Agricultural support services which include planting materials distribution
system and operation of farm produce collection and buying stations;
(ii) Health
and social welfare services which include maintenance of barangay health center
and day-care center;
(iii) Services and
facilities related to general hygiene and sanitation, beautification, and solid
waste collection;
(iv) Maintenance
of katarungang pambarangay;
(v)
Maintenance of barangay roads and bridges and water supply systems;
(vi)
Infrastructure facilities such as multi-purpose hall, multipurpose pavement, plaza,
sports center, and other similar facilities;
(vii) Information
and reading center; and
(viii) Satellite or
public market, where viable;
[4]
SECTION 16.
General Welfare. — Every local government unit shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the general
welfare. Within their respective territorial jurisdictions, local government
units shall ensure and support, among other things, the preservation and
enrichment of culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the development of
appropriate and self-reliant scientific and technological capabilities, improve
public morals, enhance economic prosperity and social justice, promote full
employment among their residents, maintain peace and order, and preserve the
comfort and convenience of their inhabitants.
