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    Mun of Candijay Vs CA

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    Dales Batoctoy
    This document discusses a case between the Municipalities of Candijay and Alicia in Bohol province regarding territorial jurisdiction over a barangay. The RTC originally ruled in favor of Candijay, but the Court of Appeals reversed, finding Candijay's evidence insufficient. Candijay appeals. The key issue is whether Alicia has juridical personality given its creation by an executive order, which a previous case found unconstitutional. However, the ruling finds that under the Local Government Code, municipalities existing at the time of its effectivity continue to exist, including those created by executive order like Alicia. Therefore, Alicia has juridical personality.

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    Mun of Candijay Vs CA

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    Dales Batoctoy
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    This document discusses a case between the Municipalities of Candijay and Alicia in Bohol province regarding territorial jurisdiction over a barangay. The RTC originally ruled in favor of Candijay, but the Court of Appeals reversed, finding Candijay's evidence insufficient. Candijay appeals. The key issue is whether Alicia has juridical personality given its creation by an executive order, which a previous case found unconstitutional. However, the ruling finds that under the Local Government Code, municipalities existing at the time of its effectivity continue to exist, including those created by executive order like Alicia. Therefore, Alicia has juridical personality.

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    5. Mun of Candijay vs CA

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    This document discusses a case between the Municipalities of Candijay and Alicia in Bohol province regarding territorial jurisdiction over a barangay. The RTC originally ruled in favor of Candijay, but the Court of Appeals reversed, finding Candijay's evidence insufficient. Candijay appeals. The key issue is whether Alicia has juridical personality given its creation by an executive order, which a previous case found unconstitutional. However, the ruling finds that under the Local Government Code, municipalities existing at the time of its effectivity continue to exist, including those created by executive order like Alicia. Therefore, Alicia has juridical personality.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    207 views2 pages

    Mun of Candijay Vs CA

    Uploaded by

    Dales Batoctoy
    This document discusses a case between the Municipalities of Candijay and Alicia in Bohol province regarding territorial jurisdiction over a barangay. The RTC originally ruled in favor of Candijay, but the Court of Appeals reversed, finding Candijay's evidence insufficient. Candijay appeals. The key issue is whether Alicia has juridical personality given its creation by an executive order, which a previous case found unconstitutional. However, the ruling finds that under the Local Government Code, municipalities existing at the time of its effectivity continue to exist, including those created by executive order like Alicia. Therefore, Alicia has juridical personality.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    THE MUNICIPALITY OF CANDIJAY, BOHOL, acting when Pelaez vs. Auditor General was promulgated.

    And
    through its Sanguniang Bayan and Mayor vs. COURT various governmental acts throughout the years all indicate
    OF APPEALS and THE MUNICIPALITY OF ALICIA, the State's recognition and acknowledgment of the existence
    BOHOL thereof (i.e. the Municipality of Alicia is one of twenty
    municipalities comprising the Third District of Bohol under the
    FACTS Ordinance appended to the 1987 Constitution)
    The case revolves around the controversy on territorial
    jurisdiction of the Municipality of Alicia, Bohol. As such respondent municipality of Alicia should likewise
    benefit from the effects of Section 442 (d) of the Local
    It was adjudged by the RTC that Barangay Pagahat is within Government Code, and should henceforth be considered as a
    the territorial jurisdiction of the Municipality of Candijay. RTC regular, de jure municipality.
    permanently enjoined defendant Municipality of Alicia to
    respect petitioner's control, possession and political
    supervision of Barangay Pagahat

    The Court of Appeals, however, reversed the judgment of the


    Regional Trial Court. It ruled that the trial court committed an
    error in declaring that Barrio Pagahat is within the territorial
    jurisdiction of the Municipality of Candijay. If allowed, the
    Municipality of Candijay will not only engulf the entire barrio
    of Pagahat, but also of many other barrios. Candijay will eat
    up a big chunk of territories far exceeding her territorial
    jurisdiction under the law creating her. CA also found, after
    an examination of the respective survey plans both plans are
    inadequate insofar as identifying the monuments of the
    boundary lines.

    Hence, the Municipality of Candijay now files a petition for


    review on certiorari of the Decision of the CA

    During the proceedings in the trial court, after presentation of


    evidence by the Municipality of Candijay, the latter asked the
    trial court to bar the Municipality of Alicia from presenting its
    evidence on the ground that it had no juridical personality.

    Petitioner contended that EO 265 issued by President Quirino


    on September 16, 1949 creating respondent municipality is
    null and void ab initio, inasmuch as Section 68 of the Revised
    Administrative Code, on which said Executive Order was
    based, constituted an undue delegation of legislative powers
    to the President of the Philippines, and was therefore declared
    unconstitutional, per this Court's ruling in Pelaez vs. Auditor
    General.

    ISSUE
    Is petitioner Municipality of Candijay correct in arguing that
    respondent Municipality of Alicia has no juridical personality
    in as much as the EO creating respondent is null and void ab
    initio?

    RULING
    No.

    Section 442 (d) of the Local Government Code states that:


    Municipalities existing as of the date of the effectivity of this
    Code shall continue to exist and operate as such. Existing
    municipal districts organized pursuant to presidential
    issuances or executive orders and which have their respective
    set of elective municipal officials holding office at the time of
    the effectivity of this Code shall henceforth be considered as
    regular municipalities.

    Respondent municipality's situation is strikingly similar to that


    of the municipality of San Andres. Respondent municipality of
    Alicia was created by virtue of Executive Order No. 265 in
    1949, or ten years ahead of the municipality of San Andres,
    and therefore had been in existence for all of sixteen years

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