Weightier

This case involves a boundary dispute between Barangay S and Barangay M in Lemery, Batangas. The issues resolve here are: the evidentiary weight of the documents submitted by the contending barangays, and the value of the decision of the populace residing on the properties in dispute.

The controversy involved three lots covered by Tax Declarations located along the boundaries separating the two barangays. Barangay S claimed that they are within its territorial jurisdiction while Barangay M maintained that they were within its boundaries. The case was lodged before the Sangguniang Bayan sometime in 1996.

To prove its claim Barangay S presented: (1) a copy of the certification of the Office of the Provincial Assessor stating that the areas covered by the Tax Declarations of the three lots are all within its territorial jurisdiction; (2) copies of the TDs, (3) old map of the Barangay, and (4) petition/resolution of persons residing in the properties in dispute to the effect that they are under the jurisdiction of Barangay S.

Barangay M on the other hand submitted the following: (1) certified copy of the cadastral map of the Municipal cadastre approved on March 17, 1983 by the Director of Lands, Department of Environment and Natural Resources (DENR), and (2) certification of the Community Environment and Natural Resources Office, DENR, dated September 9, 1997 both showing that the lots were within the boundaries of Barangay M.

After hearing, the Sanggunian resolved that the three lots covered by the TDS were within the territorial jurisdiction of Barangay S. But on appeal to the Regional Trial Court (RTC), said resolution was reversed and set aside, declaring and adjudging the said lots to be within the territorial jurisdiction of Barangay M.

The RTC gave greater weight to the documents presented by Barangay M as it took judicial notice that the Land Management Bureau is manned by geodetic engineers with sufficient expertise and is the government agency responsible on surveys of land whereas the duty of the Provincial and Municipal Assessors are primarily assessment of taxes only. The RTC also said that the ambit and sphere of the land area as culled in the barangay map determines the jurisdiction and not the decision of the population. To allow the latter will open endless litigation concerning disputes of jurisdiction, the RTC said. Was the RTC correct?

Yes. The cadastral map submitted by Barangay M approved by the Director of Lands on March 17, 1983 or more than ten years before this controversy, should be given more weight than the documents sourced by Barangay S from the assessors’ office. The same should be controlling in the absence of proof that such document is invalid or inaccurate. The Land Management Bureau is the principal government agency tasked with survey of lands, and thus more weight should be given to the documents relating to its official tasks which are presumed to be done in the ordinary course of business. Between a geodetic engineer and a tax assessor, the conclusion is inevitable that it is the former’s certification as to the location of the properties in dispute, that is controlling absent any abuse of discretion. The duty of the provincial and municipal assessors is primarily the assessment of taxes and not the survey of lands. Moreover, the determination as to whether the properties in dispute are within a certain jurisdiction is not a decision to be made by the populace. The population follows the territory and not vice versa (Barangay Sangalang etc. vs. Barangay Maguihan etc. G.R. 159792, December 23, 2009).

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