Application of GPS in the Settlement of Boundary Disputes
by Ramon Matignas Jr.
I. Introduction:
The biggest hindrance to the development of political subdivisions is boundary dispute. All political subdivisions in the country have boundary disputes. This problem is anchored on the political culture of our country as well as the ambiguities in the law creating a political subdivision may it be a province, a city, a municipality or a barangay. Local chief executives tend to expand their territory to get more voters as well as to have a hidden or hard to find voting resources. Moreover, the increase in territory and population are the major factors in the computation of the Internal Revenue Allotment of Internal Revenue of local governments. Hence, the greater the area, the bigger the population, the greater the internal revenue allotment. Even taxpayers are affected because of the confusion brought about by boundary disputes, taxpayers become victims of tug of wars ob competing political subdivision. If he pays taxes in one city the competing city will issue him a warrant of levy or distraint to his detriment or if he secures a building permit from one municipality the other Municipality will issue a cease and desist order against him for not securing a building permit.
This problem is not without a remedy. The Global Positioning System complemented by the Geographic Information System can resolve the problem of boundary dispute. According to the Website of the United States National Executive Committee on Space based Positioning Navigation and Timing which manages the Global Navigation Satellite System, Global Positioning System is a U.S. space-based radionavigation system that provides reliable positioning, navigation, and timing services to civilian users on a continuous worldwide basis — freely available to all. For anyone with a GPS receiver, the system will provide location and time. GPS provides accurate location and time information for an unlimited number of people in all weather, day and night, anywhere in the world. It is made up of three parts: satellites orbiting the Earth; control and monitoring stations on Earth; and the GPS receivers owned by users. GPS satellites broadcast signals from space that are picked up and identified by GPS receivers. Each GPS receiver then provides three-dimensional location (latitude, longitude, and altitude) plus the time.
Using GPS the boundaries of political subdivisions can be accurately determined without partiality or bias in accordance with existing land data in available in the Department of Environment and Natural Resources as well as the different repositories of our laws. Thus, resolving all question relative to boundary disputes.
II. The Status of GPS in the Philippines
GPS was developed by the United States Military for its use such as guidance system for weapon systems and to determine the location of their troop deployment with almost pinpoint accuracy. It was on June 26, 1993 when the 24th and the last component of the Global Navigation Satellite System also known as the NAVSTAR was launched by the United States Air Force when GPS became Operational. It is operated by the 50th Space Wing of the USAF and under the direct supervision and management of the United States National Executive Committee on Space based Positioning Navigation and Timing. To date, GPS can be used by anybody for the following purposes:
- Positioning, the ability to accurately and precisely determine one’s location and orientation two dimensionally (or three dimensionally when required) referenced to a standard geodetic system;
- Navigation, the ability to determine current and desired position (relative or absolute) and apply corrections to course, orientation, and speed to attain a desired position anywhere around the world, from sub-surface to surface and from surface to space; and
- Timing, the ability to acquire and maintain accurate and precise time from a standard (Coordinated Universal Time, or UTC), anywhere in the world and within user-defined timeliness parameters. Timing includes time transfer.
To date, GPS is being used for aviation, maritime as well as land navigation, geodetic surveys and even for emergency and security purposes to determine location of disaster areas as well troop location. In the Philippines, GPS is now widely used by geodetic engineers in conducting surveys and for military and police uses. However, in the field of land development the use of GP is very limited especially by local governments which could use utilize it in the area of taxation, land use planning as well as in public safety. Some people argue that GPS is not of much use here because the Philippines is not so accurately mapped, hence information that was uploaded to the GPS system is so lacking that only the well known places have mapping information for GPS use. In the blog spot in www.Yugatech.com for the BMW GPS, a blogger called GIS Guy wrote on October 29, 2008:
“You can ask NAMRIA about it, GPS in the Philippines is useless, Philippines has not yet mapped. The only available street maps in the Philippines is Manila.
To project the maps to the GPS, actual survey to the street must be done. Nothing has been done about it according to NAMRIA (Authority of All Maps in the Philippines). And I doubt that BMW did it, they have to spend billions of pesos to survey all the streets in the Philippines, even the unpaved one. So their claims are all lies. If i remember, the atlas street maps covers only manila, and it was last updated 5 years ago.”
However another named Rico responded on November 27, 2008:
“Sir, all the comments have been towards the map of the GPS but i would like to introduce, it can be done without much survey only you have to use the calculus, GIS is not a map its all software and one round can do it all. If all these my friends would help me we may with God’s grace bring in GPS of Philippines”
Recently, the Police Chief of Metro Manila, Chief Superintendent Roberto Rosales said in his inaugural speech during the turnover ceremony at Camp Bagong Diwa in Taguig that the police should use innovative technology in crime prevention, to wit:
“Through the help of like-minded individuals and organizations, the MPD was able to purchase and use high technology gadgets such as Blackberry cellular phones, handheld radios, desktop computers and CCTVs (close circuit television).
“With these equipment and aided with technologies such as Global Positioning System and electronic mapping, the PNP (Philippine National Police) could monitor several locations and dispatch vehicles to respond to crimes,” he said.
“We did it in Manila and we can do it for Metro Manila. Let us use the same philosophy, the police and the community as partners and technology and integrity together, as critical ingredients in preventing and in solving crimes methodically and creatively,” he said.
These comments and speech clearly shows that as of now the use of GPS is applicable in governance. It could be used for crime and fire prevention as well as in taxation. But due to lack of updated data and survey that can be used for GPS purposes, the use of GPS in our jurisdiction is limited. Its used can only be maximized in Metro Manila because it is the only one accurately mapped. Most Local Government Units depend on the cadastral survey for mapping their territory however, most of them know it only on paper but not the actual extent of their territory. If a local government knows exactly its territoryit can fast track its development.
III. Objective:
This study aims to apply use of GPS technology in resolving boundary disputes between political subdivisions to enable local governments to serve its people to the fullest.
IV. Limitation of the Study:
This study will be limited to the applicability of GPS in resolving boundary disputes between political subdivisions. Local Government Code of 1991 as amended. It will specifically focus on its applicability in the boundary dispute between the Municipality of Baras, Municipality of Tanay, Municipality of Teresa and the City of Antipolo.
V. Discussions:
The competition between political subdivisions tend to violate the following provisions of the 1987 Constitution which championed local autonomy and decentralization:
Section 25. The state shall ensure the autonomy of local government. (Art. II)
Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities and barangays.
Section 2. The territorial and political subdivision shall enjoy local autonomy.(Art. X)
It would also grossly violate the following provision of Republic Act 7160 otherwise known as the Local Government Code of 1991 .
Section 15, Political and Corporate Natural 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.
Sec. 16. General Welfare – Every local government unti shall exercise the powers expressly granted, those necessary, appropriate, or incidental of its efficient and effective governance, and those which are essential to the promotion of the general welfare, within their respective territorial jurisdictions, local government unit shall ensure the 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 the inhabitants.
It bears stressing that the Local Government Code was enacted pursuant to the following constitutional provision:
Section 3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative and referendum, allocate among the different local government units their powers, responsibilities and resources, and provide for the disqualification, elections, appointment and removal, term, salaries, powers and functions and duties of local officials and all other matters relating to the organization and operations of the local units. (Art. X)
Clearly, local governments must have a clear vision of boundaries to be able to function efficiently. Great problem would arise should boundary disputes remain unresolved. Take for example, if in a disputed area someone built a school and due to substandard materials and design the school collapse killing several children and teachers, those disputing the area can simply say it is not within their jurisdiction or the permit was not secured from them even if it is within their territory. Another problem is the prosecution of crimes. As we all know crime is territorial, hence if there is a dispute there would be a confusion whose police to call or where is the proper venue for the prosecution of the offense.
People vs Ventura, 5 SCRA 741, justifies or sanctions permit requirement, among others, as a means by which a local government unit may exercise its powers under the general welfare clause.
The object of the permit-requirement xxx is the proper supervision by the municipal authorities of the business, trades or occupations enumerated therein, and to ensure enforcement and observance in said establishments or undertakings of existing laws and regulations on sanitation, security, and welfare of the public.
Section 118 of the Local Government Code provides for the jurisdiction over cases of boundary disputes:
“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:
- Boundary disputes involving two (2) or more barangays in the same city or municipality shall be referred for settlement to the sangguniang panlungsod or sangguniang bayan concerned.
- Boundary disputes involving two (2) or more municipalities within the same province shall be referred for settlement to the sangguniang panlalawigan concerned.
- Boundary disputes involving municipalities or component cities of different provinces shall be jointly referred for settlement to the sanggunians of the province concerned.
- Boundary disputes involving a component city or municipality 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 sanggunians of the parties.
- 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.”
In Sogod vs. Rosal, G.R. No. L-38204,Septemeber 24, 1991, the Supreme Court ruled:
“Jurisdiction has been defined as the power and authority to hear and determine a cause or the right to act in a case. Jurisdiction is conferred only by the Constitution or by law. It cannot be fixed by the will of the parties nor can it be acquired or diminished by any act of the parties. In determining whether a case lies within or outside the jurisdiction of a court, reference to the applicable statute on the matter is indispensable. It is a settled rule that jurisdiction of a court is determined by the statute in force at the time of commencement of action.”
It should pointed out that our political landscape is very dysfunctional. No local legislator will decide to favor a certain political subdivision in boundary dispute cases because it will be political suicide. However, In an order dated June 3, 1993, the Regional Trial Court of Pasig City Branch 161 in Municipality vs. Municipality of Baras, with Municipality of Teresa and the Municipality of Antipolo as intervenors, docketed as Civil Case No. 14835, said:
“There is no denial by the movants that the Boundaries between the four contending municipalities exist not by metes and bounds but by common consent and acceptance. If this so, then this Court will be arrogating unto itself the power to fix boundaries of Municipalities which properly belongs to the legislature. What is mandated by law is for the Court to fix boundary disputes between municipalities based on natural boundaries or by metes and bounds in accordance with laws creating said municipalities.”
The problem arises when the law that created a political subdivision does not provide for the extent of the territory of the local government it is creating such as the case of the Municipality of Baras which was created by Executive Order No. 57 dated December 24, 1920 of Governor General Francis Burton Harrison which translated into English as stated in the Order of the Court of First instance of Pasig Branch XIX dated November 24, 1972 in Civil Case No. 14835 merely provides as follows:
“ The Municipality of Tanay shall consist of its present territory less the territory comprised in the Barrio of Baras. The Municipality of baras shall consist of the territory comprised in the present Barrio of Baras.”
The issue is not without a remedy. The Cadastral Act, Act 2259 as amended by analogy is the answer to the problem by virtue of its Section 1 which provides:
Section 1. When, in the opinion of the Governor-General (now the President), the public interests require that the title to any lands be titled and adjudicated, he may to this end order the Director of Lands to make a survey and plan thereof. (As amended by Sec. 1850, Act No. 2711.)
The Director of Lands shall, thereupon, give notice to persons claiming an interest in the lands, and to the general public, of the day on which such survey will begin, giving as full and accurate a description as possible of the lands to be surveyed. Such notice shall be published in two successive issues of the Official Gazette, and a copy of the notice in the English and Spanish languages shall be posted in a conspicuous place on the chief municipal building of the municipality, township or settlement in which the lands, or any portion thereof, are situated. A copy of the notice shall also be sent to the president of such municipality, township, or settlement, and to the provincial board. (As amended by Sec. 1851, Act No. 2711.)
The Black’s Law Dictionary defines cadastre as:
Tax inventory and assessment of real property. List of appraised property values in a locality used to determine tax assessment.
Clearly from the above definition, cadastral survey is conducted to determine real property for taxation purposes in a certain locality. Hence, whatever is included in a municipality’s, city’s or province’s cadastral survey map is part of its territory. Most specially in cases where the extent of the territory of a certain locality is not provided in the law that created it. Further, the boundaries of municipalities exist not by metes and bounds but by common consent and acceptance. Since, cadastral surveys are subject to publication, the omission of interposing any objection by neighboring towns is tantamount to comment consent and acceptance. Moreover, cadastral surveys is pursuant to law, thus, the later cadastral survey supercedes the earlier ones, just like laws, if they are inconsistent with each other the latter law repeals the older law.
This is where GPS comes in. GPS can locate positions accurately. Recent researches show that GPS can provide for an accurate resolution of boundary dispute problems. In a paper authored by Jeroen Verplanke, a geographer and currently working for the International Institute for Geo-InformationScience and Earth Observation and Mike McCall who has degrees in Geography from the UK and USA, entitled Boundary dispute settlement using Mobile GIS which is about the boundary dispute in Tanzania and Kisanga, they stated:
Local communities are very much aware of the extent and location of their resources (source).
Especially the elderly are an important source of information. During one of the first meetings with the Kisanga villagers they were asked to draw a map of the village area indicating the most important features, landmarks and land uses. The sketch map proved to be a good representation of the actual situation taking into account the personal perceptions of the villagers. Trails that were travelled very often appeared shorter on the map, whereas trails that were used to transport (heavy) goods by headloading and push bicycles appeared to be longer. The villagers were quite content with their map when it was finished after a few hours of deliberations. The research team however had a hard time finding their bearings on it, as their only comparison was an outdated topographic map. To assist them in using the sketch map they had to locate several landmarks by GPS to get a better understanding of the layout of the village. The sketch map also showed the village boundary. Part of the study was to demarcate this boundary (digitally) to provide district authorities with the actual coordinates of boundary corner points.
The team was equipped with a PDA running ArcPad™ 6.0. This GIS software provides the user with the ability to bring geometrically correct maps and images into the field with the possibility to add and change the attributes attached to the maps and images during the actual observations. As there were only few maps and information available to the research team the PDA proved a welcome reference aid. Connected to a Global Positioning System (GPS) the position of the team was shown in real time on the map on the PDA screen.A practical difficulty with the PDA is the very small screen size, which makes it difficult to use ‘participatorily’, i.e. for more than 2 or 3 people to view it at the same time.This is compounded when trying to use it in bright tropical sunlight, even with its backlighting facility. ArcPad™ 6.0 offers users through Windows CE the ability to connect different GPS systems to the PDA. ArcPad™ 6.0 can communicate through standard protocols with a range of GPS from most manufacturers. The configuration for this project consisted of a Compaq Ipaq 3850 and a Garmin Etrex GPS. Recently similar exercises have been conducted with the Ipaq 3950 and two GPSes, the Garmin 12 XL and the Navman 3000. Although the communication between the devices can be sensitive to errors it is quite reliable. The most cumbersome part of the interface between PDA and GPS are the physical cable connections. The interface is not a pre-engineered product. To connect both devices two nondedicated cables have to be joined by a home made connector. The schematics and materials however are easy and inexpensive to obtain. The final result nevertheless is an awkward contraption of two small devices connected with 10 feet of cable.The Ipaq com-port was not designed to hold such a weight of cables. To make this set field operational therefore a roll of gaffer tape is necessary to hold it all together. Another drawback to the Ipaq was its limited battery life and RAM memory. A full day of fieldwork could not be sustained with this version that could only operate for 2 to 3 hours straight. On emptying the battery all data would be lost.
Newer versions of the Ipaq (i.e. 3950) have solved these problems however to a large extent. They are equipped with a much more sturdy connector (making old cables unfortunately useless) that can better hold the cables, they have a greatly improved battery life (up to 8 hours) and can hold optional flash memory cards (SD) for data storage).
There are of course ways around the “cable contraption”. Several manufacturers offer a “jacket” GPS for many types of PDA (i.e. Navman for HP/Compaq). This combination makes a very portable tool but has several drawbacks. These GPS draw on the PDA battery power, reducing the operating time considerably. The jacket GPS offer fewer features and communicate less data (with limited protocols) to the PDA. These GPS can only operate in combination with the PDA thus limiting their functionality.
Accuracy of the different GPS is comparable under good conditions. The jacket GPS tested by this team (Navman 3000) displayed somewhat weaker reception of satellite signals under less favourable conditions, especially under canopy cover but position errors remained acceptable within 10 metres.
Acquisition times of the GPS signals were more or less the same and reacquiring positions after shutting down the PDA was limited to 30 seconds or less. The Navman GPS appears to have more difficulties with initial acquisition of signal when the sky is obstructed than the Garmin GPS to the point of not being able to acquire at all. However when signal has been acquired the Navman can still track weakened signals under canopy cover, which is specially useful in mapping forest boundaries.
Experiences with the newer Ipaqs and Jacket GPS are much better considering the much longer battery life and the capacity to store data permanently on SD cards (capacity 128Mb or more).
Location accuracy is normally well within 5 to 10 metres even with cheap commercial GPS under optimal conditions. For recording village boundaries this can be quite sufficient. In this project the main data to serve as a mapping background were Landsat TM satellite images with 30 metres resolution which leave some margin of error for the positional data. In many cases, the positional accuracy will be between 30 and 50 metres (or worse) under forest canopy cover. Recording “tracks” to follow the boundary exactly will in that case only be sensible when ArcPad™ is configured to discard positional data with low accuracy. This however runs the risk of missing crucial corner points. ArcPad™ can also give warnings when accuracy is below the users setting and can be configured to average out the records to present a smooth track.
In Kisanga the recording of the boundary could be done quite easily as the villagers indicated that the boundary was considered a straight line between several marker points. This enabled the team to concentrate on recording data under favourable conditions at a limited number of points.
The Issue Brief – Tennessee and Georgia border Dispute made by Hayes Ledford for the Chattanooga Area Chamber of Commerce, he wrote:
If Georgia actually acquired the land in question, it stands to reason that Alabama and Mississippi would also claim lands in Tennessee along their borders. North Carolina would also have to cede territory to Georgia. This is unprecedented and would give rise to other states who may seek to revise their state borders given the availability of modern GPS technology to challenge the survey methods commonly in use when state lines were established.
Theoretically, Congress could enact legislation in an effort to settle the controversy, but the adversely affected party would certainly challenge the legislation in court. In addition, Congress would almost certainly hesitate to act on such an issue since the U.S. Supreme Court is the venue for such disputes.
As it relates to the water question, there are several parties involved which have a stake in the matter ? the Army Corps of Engineers, Tennessee Valley Authority, Department of the Interior, and of course, both states. All of these entities have very legitimate interests, controls, and responsibilities.
An article published in http://www.deccanherald.com, entitled GPS surveys to resolve Sir Creek dispute, stated:
Top scientists from India and Pakistan conducted geologic surveys in the disputed region and a seal of approval is likely soon for a newly demarcated boundary. The decades-old Sir Creek boundary dispute between India and Pakistan is on the verge of a final settlement. Following the ongoing composite dialogue between the two countries and general improvement in relations, both New Delhi and Islamabad have exchanged final documents related to the boundary dispute after detailed surveys were carried out by joint teams in the Rann of Kutch. Now the two sides are expected to meet by the end of this month to put a seal of approval on the resolution of one of the most contentious issues between India and Pakistan. Top officials of the Geologic Survey of India, which carried out the surveys using GPS technology, told that the final documents related to the 96 km long disputed stretch of border were exchanged between the two sides at the Wagah border near Amritsar on Feb 11 this year. Sir Creek, a marshy wasteland, is a matter of contention between the two countries over delimitation of the border and demarcation of the maritime boundary in the Arabian Sea. The deadlock persisted between the two sides despite five rounds of talks since 1969. The pillars that divide Gujarat and Sindh were erected in 1924 during British rule. But over the years, weather and other factors compounded the problem due to erosion of the mainland. Top surveyors from both Pakistan and India conducted a week-long study in January this year at Sir Creek, took observations of the pillars with GPS technology and later processed the data at Wagah to full satisfaction of both sides. During all these observations and processing, top officials of the two sides remained in close contact. So there was no dispute as everything was done scientifically, said Surveyor Phool Singh, who headed the Indian team. Azimuth and mutual bearing for entire observations were computed and arc distances were reduced in the final observations, he said. This means that both India and Pakistan will accept the new boundary being demarcated by the joint team, the officials said.
From the above cited articles it could be concluded that the application of scientific tools and method such as GPS is acceptable to parties to a boundary dispute. Moreover, GPS as well as the PDA’s are now affordable especially in this case.
It could also be use with other tools such as the Geographic Information System to make it more accurate relative to features of the boundaries. GIS is defined by Wikipedia as:
A geographic information system (GIS), or geographical information system, captures, stores, analyzes, manages, and presents data that is linked to location.
In the strictest sense, the term describes any information system that integrates, stores, edits, analyzes, shares, and displays geographic information. In a more generic sense, GIS applications are tools that allow users to create interactive queries (user created searches), analyze spatial information, edit data, maps, and present the results of all these operations. Geographic information science is the science underlying the geographic concepts, applications and systems, taught in degree and GIS Certificate programs at many universities.
GPS can pinpoint locations and when complemented by other software such as the GIS it can make maps that includes the features of the terrain with very high accuracy. The use of GPS in the Philippines would be much easier than in the Tanzania and Kisangga boundary dispute because almost all political subdivisions in the Philippines has its own cadastral survey and cadastral maps where the coordinates can be gathered to be fed to a GPS computer. Moreover most local governments have their own GIS maps or software that could complement the GPS system because all political subdivisions are required to have their own land use plan and zoning ordinance which is required by the Housing and Land Use Regulatory Board to be in GIS format. There will be no problem with the lack of mapping data of the Philippines because this endeavor is not concerned with navigation but with precise location of the boundaries of local governments.
There are however problems that may arise and may not be avoided. First, no Local Government will allow its boundary to be diminished whether right or wrong. Second, the Sanggunian concerned will go beyond the law that created the local government concerned and use irrelevant and immaterial evidences. Finally, if a decision is reached the other local government will definitely have a grundge against those who decided against them, hence politically unpopular.
It would be better if a law is passed making GPS measurement of boundaries of political subdivisions based on cadastral surveys as conclusive proof of its territorial extent so that long, tedious and bitter litigation can be avoided. Moreover, it would defeat the very purpose of the Cadastral Act if we do not implement this.
VI. The Baras Situation
The two thirds of the territory of the Municipality of Baras, Rizal known as Barangay Pinugay with an area of 6,059.0577 hectares is being challenged by the Municipalities of Tanay and Teresa and the City of Antipolo. The cadastral survey maps of the four contending local government units over laps with each other. Cases were filed against Baras but in April 23, 2002 the Court of Appeals in CA G.R. CV No. 41901 dismissed the case for lack of jurisdiction. Based on the evidence presented in the said case, the claims of the four local governments are as follows:
- Baras anchors its claim on Executive Order No. 57 of Governor General Francis Burton Harrison dated December 24, 1920 providing that beginning January 1, 1921, Baras would be an independent municipality and the Cadastral Survey of the Municipality of Baras known as CAD-689-D, Baras Cadastre conducted in 1980 and approved on December 2, 1980.
- Tanay argues that it has a superior right over Barangay Pinugay because OCT No. 973 was described in the title as situated in Barrio Pinugay, Tanay, Rizal. Moreover, derivative titles issued were also described as situated in Tanay.
- Antipolo claims Barangay Pinugay because it is part of the Mariquina Watershed Reservation established under Executive Order No. 33 dated July 26, 1904, as amended by Executive Orders Nos. 14 and 16, both series of 1915,allegedly located in the Municipalities of Antipolo and Montalban as surveyed on March 1 to July 10, 1909 pursuant to Act 926 by R.A. Wells and J.R. Waldroop. The survey called IN-12 was approved on August 24, 1909. Further, titles issued to parcels of land in Barangay Pinugay in favor of GSIS, Provincial Government, Guzman Institute of Technology and Foremost Farms were described in their respective title as situated in Antipolo City. Moreover, the Cadastral Map of Antipolo as prepared by NAMRIA showed that Barangay Pinugay is within Antipolo City.
- Teresa’s contention is based on the title of Milestone Farms, Inc. that it is described as located in the Municipality of Teresa, Province of Rizal. It also presented a short narrative report entitled “ History of a Municipal Boundary Dispute and a location map supposedly prepared by the Bureau of Lands which shows that Pinugay is within its jurisdiction.
- The Forest Map of the Province of Rizal, L.C. 639 issued was presented by Tanay, Teresa and Antipolo in Civil Case No. 14835.
The Claim of Antipolo that Pinugay is part of the Marikina Water Mariquina Watershed Reservation established under Executive Order No. 33 dated July 26, 1904, as amended by Executive Orders Nos. 14 and 16, both series of 1915, and that theMarikina Watershed is located the Municipalities of Antipolo and Montalban only cannot be denied. It is clearly shown in survey plan IN-12 that it is indeed part of the Marikina Watershed.
The claim of Tanay that OCT No. 973 as well as its derivative titles were described as a parcel of land situated in the Barrio of Pinugay, Tanay Rizal.
The claim of Teresa that the titles of Milestone Farms Inc. describes the property as situated in the Municipality of Teresa, Province of Rizal is also accepted. However, the narrative report as well as the alleged Bureau of Lands map cannot be accepted because these are all based on pure hearsays and allegations without legal proof.
However, Baras became an independent municipality only on January 1, 1921 after the Mariquina Watershed Reservation was established under Executive Order No. 33 dated July 26, 1904, as amended by Executive Orders Nos. 14 and 16, both series of 1915, and the conduct of survey for IN-12 which was in 1909. As for OCT No. 973 and the title of Milestone Farms, Inc. which describe the location of both property as the description in the title provides that the properties are located in Barrio Pinugay, Tanay, Rizal and Municipality of Teresa, Province of Rizal as well as the location of the mining of Florencio Catolos as located in Sitio Masungit, Barrio Pinugay, Baras, Rizal are not conclusive proof that Barangay Pinugay is within their respective municipalities. It should be noted that OCT No. 973 was issued in 1916 when Baras was still a part of Tanay. The position paper of Oscar Baraquero is enlightening, it quoted a letter dated August 10, 1984 of Atty. Claudio Batiles stating: “Please be advised that the location of the land appearing in the Certificates of Title is not conclusive as to its actual location”. This is because of the fact that what is conclusive is the technical description of a property in its certificate of title.
The existence of L.C. 639 is not denied. However L.C. 639 is a classification map. Classification mean categorize, it does not define boundaries and land areas. What it does is tell that a certain part of the province is classified as timberland or whether or not it is alienable or disposable. It is not conclusive as to the extent of the territories of political subdivision because boundaries of municipalities exist not by metes and bounds but by common consent and acceptance. Hence, Pursuant to the pertinent provision of the Cadastral Act as Amended, the cadastral survey of the Municipality of Baras CAD-689-D, Baras Cadastre was conducted in 1980 and was approved on December 2, 1985. The cadastral survey was published in accordance with law. During the interregnum between 1980 to 1985, the opposition to the approval of CAD 689-D, Baras Cadastre. Their silence means their common consent and acceptance. Since, CAD 689-D, Baras Cadastre is the latest cadastral survey, it supercedes the cadastral survey of Tanay, Teresa and Antipolo. Thus, whatever land covered by the cadastral survey of Baras that may be formerly a part of Tanay, Teresa or Antipolo is now under the territorial jurisdiction of the Municipality of Baras.
Baras has the superior right over Barangay Pinugay, based on the cadastral map and law creating it. With the use of GPS the boundaries of Baras can be accurately determined and can be acceptable to all parties. The existing GIS maps of Baras when complemented by GPS the boundaries of Baras can be determined accurately and can even be mapped topographically.
VII. Conclusion
Boundary disputes are disruptive of good local governance. It is also disruptive of private business. Local Governments tend to close down a business that does not secure a business permit or issue warrant of levy in case of non-payment of realty taxes. Worst, the jurisdiction over boundary disputes is vested upon local legislative bodies except the Sangguniang Barangay. Local Sanggunians will not decide a boundary dispute case because it will be unpopular for them even if it is right. Moreover, they do not realize the limitation of their authority.
Boundaries between political subdivision exist not by metes and bounds but by common consent and acceptance. If the Sanggunian decides on the boundaries of political subdivisions, then it will be arrogating unto itself the power to fix boundaries of political subdivision which properly belongs to the legislature. What is mandated by law is for the Sangguniang to fix boundary disputes between political subdivisions based on natural boundaries or by metes and bounds in accordance with laws creating the political subdivisions.
However, there are cases where the law that creates a political subdivision or a local government does not provide for the extent of its territory such as the case of the Municipality of Baras, Rizal. In this case, resort to extrinsic evidence must be had such as the cadastral map. A cadastral survey is undertaken for purposes of identifying real properties for taxation purposes in a certain locality. Since the boundaries of local governments exist by common consent and acceptance, the approval of the cadastral map of a certain locality or political subdivision without any opposition interposed by neighboring local government is tantamount to common consent and acceptance.
GPS is the best tool in locating positions anywhere in the world with pinpoint accuracy. All you have to do is to enter the coordinates available from the cadastral and GIS maps in a GPS computer. Its accuracy has never been questioned in any jurisdiction. Even in its use as a guidance system for bombs, the margin of error is very small. The tools needed such as the GPS and the PDA are affordable to local governments. It is accepted world wide and is fast becoming a standard in positioning, navigation and timing. It has been applied in boundary dispute even between two sovereign states and the result is very promising. However there are some problems that may not be avoided. They are as follows:
- No Local Government will allow its boundary to be diminished whether right or wrong.
- Second, the Sanggunian concerned will go beyond the law that created the local government concerned and use irrelevant and immaterial evidences.
- If a decision is reached the other local government will definitely have a grudge against those who decided against them, hence politically unpopular.
The solution is for congress to enact a law providing for a speedy resolution of boundary dispute taking it off the jurisdiction of elected officials. It would be better if the settlement of boundary dispute shoulThis to avoid partial and biased decision or the inability to make the right decision. Congress should integrate the use of GPS and GIS in resolving boundary dispute cases. Because if this is not resolved the interest of each local government will be prejudiced.
