Brgy. Labangon, Cebu City and the Threat to its Territorial Integrity

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the people have spoken, NO to the creation of Banawa-Englis.
by the way, Tony Cuenco (author of the Banawa-Englis law fiasco) has bowed out of the congressional race (or so he claims.) do we really need recycled politicians???

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Brgy. Labangon, Cebu City and the Threat to its Territorial Integrity

  1. 1. Territorial Jurisdiction / Boundaries 1912-1962 1962-1982 1982-presentAtty. HARVE B. ABELLAABELLA & ABELLA LAW OFFICESSalvador St., Labangon, Cebu City, Philippines
  2. 2. Rules & Regulations Implementingthe LGC of 1991 (RA 7160) Art. 17. Procedures for Settling Boundary Disputes – the following procedures shall govern the settlement of boundary disputes  (a) Filing of the petition – xxx  (b)Contents of the petition – xxx  (c) Documents attached to petition- the petition shall be accompanied by:  1. Duly authenticated copy of the law or statute creating the LGU or any other document showing proof of creation of the LGU  2. xxx, city, xxx, or barangay map, as the case may be, duly certified by the LMB;
  3. 3. Rules & Regulations Implementingthe LGC of 1991 (RA 7160)  3. Technical description of the boundaries of the LGU concerned;  4. Written certification of the xxx, city assessor as the case may be, as to territorial jurisdiction over the disputed area according to records in custody;  5. Written declarations or sworn statements of the people residing in the disputed area; (… the determination as to whether the properties in dispute are within are certain jurisdiction is not a decision to be made by the populace… xxx, Bgy. Sangalang vs Brgy. Maguihan, GR No. 159792, 12/23/2009)  6. Such other documents or information as may be required by the sanggunian hearing the dispute
  4. 4. Cadastral Survey of the Municipality ofCebu. Date of original survey, Dec. 1910 –Feb. 1912 1903 – the Land Management Bureau implemented Act 926 or the first Public Land Act of the country which became the basis of public land disposition thereafter. December 1910 – February 1912 – Cadastral Survey of the Municipality of Cebu, Province of Cebu Cadastral Project No. 12 – City (Municipality) of Cebu Cadastral Act, Act 2259
  5. 5. Cadastral Act, Act 2259 as amended Section 1. Cadastral Survey- 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.) During the survey, the boundaries of the lands are marked by monuments set up at proper places thereon.
  6. 6. Definition of CADASTRE According to Black’s Law Dictionary:  Tax inventory and assessment of real property. List of appraised property values in a locality used to determine tax assessment. According to Bouvier’s Law Dictionary:  The official statement of the quantity and value of real property in any district, made for the purpose of justly apportioning the taxes payable on such property. 12Pet. (U.S.) 428, n.; 3 Am. St. Pap. 679
  7. 7.  From the foregoing definition, cadastral survey is conducted to determine real property for taxation purposes in a certain locality. Hence, whatever is included in a barrio’s, 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.
  8. 8. Index Map of theCebu CadastralSurveyDate of OriginalSurvey, December1910 – February 1912.Showing theerstwhile Barrio ofBanaua in betweenBarrio Labangon andBarrio Guadalupe.
  9. 9. The Erstwhile Barrio (Banaua) Banawa 1912-1962 Triangular in shape; Lies between Barrio Labangon & Barrio Guadalupe Boundaries are clearly defined by  BM 59 in the North  18670.53 Northing, 12200.04 Easting  BM 42 in the Southwest  17027.6 Northing, 11146.47 Easting  10 18’ 43.o1” N, 123 52’ 04.67”E  BM 35 in the Southeast  17305.46 Northing, 12767.57 Easting  10 18’ 52.05” N, 123 52’ 57.9”E
  10. 10. BM 59 Barrio of Guadalupe Barrio of (Banaua) Banawa BM 35BM 42 Barrio Of Labangon
  11. 11. Republic Act 2370 as amended by RA3590, as amended by RA 5676 and PD 431 RA 2370 Approved on June 20, 1959 RA 3590 Approved on June 22, 1963 Art. 2, Sec. 3 - The creation of new barrios. — All barrios existing at the time of the passage of this Act shall come under the provisions hereof. Xxx Xxx That no new barrio may be created if its population is less than five hundred persons. Having a population less than 500 persons, Barrio Banaua was absorbed by Barrio Guadalupe and Barrio Labangon
  12. 12. Disappearance of Barrio Banaua(Banawa) Barrios Guadalupe and Labangon absorbed the erstwhile Barrio Banaua (Banawa) and with the aid of the LMB, erected a Barrio Monument near the present-day Jesuit Retreat House in what was formerly the Cebu Gun Club (Sitio Targetan);
  13. 13. BM 59 Barrio of Guadalupe Barrio of Barrio (Banaua) Banawa Monument BM 35BM 42 Barrio Of Labangon
  14. 14. Brgy. Labangon’s neighboring Brgys. And theircaptains - 1982Barangay Barangay CaptainLabangon Atty. Honorato B. AbellaGuadalupe Antolin Jariol, Jr.Punta Princesa Jose F. NavarroTisa Aurelio P. YlayaCalamba Primitivo S. Cania, Jr.Duljo Homer C. CabaralSan Nicolas Eleno V. Abellana
  15. 15. Department of Planning &Development, Cebu City In the 1980’s, Barrio/Barangay Maps in the possession of Cebu City hall dated from the 1960’s and were not updated; as such, even during Mayor Solon’s incumbency, Barangay Labangon’s map still did not show the new roads of Salvador Extension, Duterte Street, and other streets. The map as requested by the Dep’t. of Planning and Development was used to update its collection of Barangay Maps
  16. 16. Old Map (part 1)
  17. 17. Old Map (part 2)
  18. 18. Old Map (part 3)
  19. 19. Old Map (part 4)
  20. 20. 1982 – Department of Planning andDevelopment Pursuant to the letter sent out by Archt. Ignacio P. Salgado, Jr., then head of the Department of Planning and Development, Cebu City Hall, Barangay Labangon, through its then captain submitted a spot map of the Barangay, clearly delineating the boundaries thereof and its sitios and duly received by said office in November 22, 1982 ;
  21. 21. Sir:Attached to this letter is the Spot Map of BarangayLabangon, City of Cebu, showing the old boundary (1912)and marked with dotted line and the new boundary (1962)which is marked with a red line. This Spot Map also showsthe different sitios located inside our present boundary ofLabangon.For your information the old boundaries of Labangoncomprises of all the present sitios and adjacent newbarangays of Punta Princesa, Tisa, Calamba and part ofGuadalupe. The following comprises the sitios of the newLabangon: CALLEJON, BON AMI, LUTAW LUTAW,TAMBISAN, KAPACULAN, SAN ISIDRO, STA. ANA, KOLO,STO. NINO, LOWER BANAWA, GAMBOA, BUGNAY,CAMALIG, BLISS, BONBONAN, COGON, MAHAYAHAY,KAMANGGAHAN, LATRESASS, STAGE, BALAGA,KALUMBOYAN, ROSALINA VILLAGE and MARIAPALOMA VILLAGE.Should any controversy arises (sic) with the presentboundary of Labangon with any adjacent barangay, theundersigned is amenable for the return to the 1912 (old)boundary of Labangon.Hoping that this Spot Map will guide you in up-dating yourmap of the City of Cebu and also that of the map ofBarangay Labangon. Yours very truly, HONORATO B. ABELLA (Sgd.) Barangay Captain Barangay Labangon
  22. 22. Settlement of Boundary Disputes Between 1982 and the late 1980’s, the aforementioned officials settled the issue on Barangay Boundaries by themselves in what was called a Gentlemen’s Agreement in the ABC, Southern Bgry. Captains Assn. without recourse to the Cebu City Hall; Labangon & Guadalupe Brgy. Captains Abella & Jariol agreed to the return of the 1912 (old) Boundary between both Barangays, ceding the greater portion of Sitio Banawa to Barangay Guadalupe;
  23. 23. Barrio Monument 1962 BM35BM42 Area of Sitio Banawa ceded to Guadalupe and the return of the 1912 boundary.
  24. 24. Tax Mapping Conference, 1982 Carlos J. Cuizon, Executive Adviser, Office of the City Mayor, invited the Barangay Captains to a Tax Mapping Briefing and other matter in connection with the 10% barangay share of the Realty Tax at the Conference Room of the City Mayor.
  25. 25. The 10% barangay share in RealtyTaxes is based on the total land areaof the Barangay.At that meeting, such 10% share wasdiscussed and a tabulation of the1981 10% share was handed out tothose who attended.Guadalupe’s share was onlyPHP 85,205.82Labangon’s share wasPHP 86,507.12The conclusion being: BarangayLabangon had a much greaterland area than its neighborBarangay Guadalupe
  26. 26. In 1984, the CityDevelopment Council calledfor a Public Hearing inconnection with the varianceapplication of Mr. JimmieCassels for the constructionof a factory building atSalvador Street, Banawa,Cebu City and notifiedBarangay Labangon thereofconsidering that a portion ofBanawa is within thejurisdiction of Labangon;this was at a time when thearea was not commerciallyviable as it is today.
  27. 27. 1985 - COMELEC In preparation for the 1985 local Elections, the COMELEC sent letters to the Barangay Captains of Cebu City requesting them to submit barangay maps and to assist Atty. Reynaldo S. Ferenal, Election Registrar IV in dividing their respective Barangays into voting centers; Barangay Labangon, through it’s Captain submitted its Barangay Map and assisted the COMELEC in dividing Barangay Labangon into voting centers.
  28. 28. You are hereby requested to come to the Office,together with Two copies of the map of yourbarangay. You are to assist the undersigned individing your barangay into several votingcenters, as in new existing; in preparation forthe coming local elections.The map shall be in white paper (Preferablywhite tracing paper), 8 inches by 13 inches insize. Showing among others, the publicbuildings, roads, streets, alleys, rivers, creeks, ifpossible. Each map shall have the North bearingand boundaries distinctly indicated.A definite area for every voting center, willgreatly help in having clean, orderly and honestelections.Your co-operation is highly appreciated. Very truly yours, (Atty.) REYNALDO S.FERENAL(Sgd.) Election Registrar IV
  29. 29. Take note of the boundaries & the sitios of Labangon in 1985 BM35BM42
  30. 30. 1985- Comelec After the submission of the Spot Map, the COMELEC generated a voting center map.
  31. 31. Sta. AnaCuloSto. Nino ChapelGonzales CompoundRosalina Village
  32. 32. Cebu City Assessor’s Tax Map Real Estate Tax Mapping  The Cebu City Assessor utilized the Cadastral Map in determining where a parcel of land is located  Tax maps are based on the technical descriptions as appearing in the Transfer Certificate of Titles of individual owners;  From the 1970’s up to the present time, the Real Estate Tax Map between Bgrys. Labangon & Guadalupe is consistent with the Cadastral Survey Index Map of Cebu, the tie-line between BM42 (now BBM42) and BM35 (BBM35) as the actual boundaries between the two (2) Barangays.
  33. 33. GuadalupeR. Duterte Street Creek near- COMMON BOUNDARY ImmanuelBETWEEN LABANGON & Bible CollegeGUADALUPE Labangon
  34. 34. Gonzalez Subdivision
  35. 35. GonzalesSubdivisionRosalinaVillage Francisca Village
  36. 36. Rustans
  37. 37. Rosalina Village
  38. 38. Sitio Sto. Nino, Sto. Nino ChapelPaseo Arcenas,Rustans
  39. 39. Tax Map In the recent past, after the MCDP expansion on Salvador Ext. and R. Duterte St., have made the area encroached upon by Guadalupe as economically inviting and claimed by Guadalupe as Banawa. However, the area claimed by Guadalupe as Banawa is in fact part and parcel of Labangon as can be seen from the Real Estate Tax Map at the City Assessor’s Office;
  40. 40.  So-called Banawa, Guadalupe residents who live and reside in the contested area are not aware that the real estate taxes they have been paying accrues to Labangon; In the past 35 years since the Real Estate Tax map had been established, not a single ALLEGED resident of “Banawa, Guadalupe” have contested the validity of the Tax Map; not even Barangay Captains Jariol to Faelnar in the past 30 years; As it was agreed by Captains Jariol and Atty. Abella, the boundary between their two barangays is the tieline between BBM42 and BBM35 and the Cebu City Assessor’s Office Realty Tax Map substantially conforms with the Cadastral Map;
  41. 41. Baseless G.E. Tuastumban Map GE Leopoldo Tuastumban was commissioned by then Congressman Cuenco to survey the area the proponent of the law believes to be a part of Banawa, Guadalupe; The survey had no basis; The survey was conducted without the consent of Barangay Labangon Barangay Labangon objected to the survey;  Then Brgy. Councilman Norvic Abella, a Geodetic Engineer by profession, moved to voice out Labangon’s objection to the survey, in RE: 7.4 Hectare encroachment by Guadalupe through the Tuastumban-Cuenco survey;
  42. 42. BBM35 BBM42 7.4 HECTARE ENCROACHMENT BY GUADALUPEActual Boundary betweenLabangon & GuadalupeBBM42 – BBM35
  43. 43. GIS Map from Cebu City GIS/MICS The use of Geographic Information System (GIS) process of digitization can capture parcellary details in cadastral maps. Xxx Barangay boundaries are extracted in the cadastral map to show which parcels are located or belonging to a certain barangay. This is always defined by Barangay Boundary Monuments (BBM). In case where barangay boundaries are not defined of lacking in the cadastral sheets, reference should be made to the boundary used by the particular tax map sheet. In case where boundary disputes arise, boundaries in the cadastral sheets will always prevail as the official barangay boundaries.  Mr. Love A. Panaguiton  GIS Specialist, UP PLANADES, Inc.  School of Urban & Regional Planning  University of the Philippines – Dilipman  (02)927-47-97, fax (02)927-35-95
  44. 44. Errors in the Cebu City GIS/MICSMaps used by CCPDO Not based on cadastral maps as required by the HLURB GIS Cookbook, e.g. DENR-LMB, Regional Office Records Section Arbitrarily made Error-filled  Claims to have been ground-verified  Names of streets/roads, localities and boundaries are erroneous  Employees tasked to correct the maps are apathetic in receiving complaints ;  No corrections have been made Contains disclaimers such as:  Note: This map is subject to validation. Users noting errors or omissions are urged to inform the Cebu City GIS Center. The Cebu City Government is not responsible for any errors or liabilities that may arise from using this map
  45. 45. Conclusion Barangay Labangon’s claim to the area is supported by documents sourced from:  DENR-LMB / LMS (Cadastral Maps)  COMELEC  Barangay Labangon maps / documents  Cebu City Hall  Department of Planning & Development (Cebu City Planning & Development Office) – Archt. Ignacio P. Salgado, Jr.’s active role in assisting Barangays versus the current CPDO’s apathy towards complaints & requests;  Cebu City Assessor’s Office  (Realty Tax Map)  Had never been contested by Brgy. Guadalupe officials in the past  10% Realty share of Labangon was greater than that of Guadalupe, ergo: Greater Land Area
  46. 46. Conclusion Cebu City GIS/MICS generated Maps are filled with errors  Not updated  Not reviewed and revised to correct errors  Arbitrarily concocted  CCPDO perpetuated the errors by issuing GIS/MICS generated maps without verifying the data source  Continuously issues erroneous maps while at the same time, Cebu City Hall conveniently disclaims any liability from the use of such map  Highly suspect quality  Makes for a nice souvenir item but does not help in the administration of barangay affairs;
  47. 47. Nota Bene: Copies of these documents are on file with the Cebu City Hall dating from 1978 up to 1990, SP Secretariat, CPDO, GSO, CTO, City Assessors’ Office DENR-LMB/LMS

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