CEBU, Philippines - The boundary dispute between the two barangays in Daanbantayan town in northern Cebu has stirred up anew following the request of a lawyer resident the return of the original marker.
Lawyer Estrella Martinez of Barangay Calape has requested the town officials led by Mayor Augusto Corro the removal of a new marker put up by Barangay Captain Virgilio Misa of Malbago.
“Alteration of boundary is not a mode of acquiring ownership over a property,†Martinez said.
She cited Article 313 of the Revised Penal Code which provides that any person who shall alter the boundary marks or monuments of towns, provinces or estates, or any other mark intended to designate the boundaries of the same, shall be punished by arresto menor or a fine not exceeding P100 or both.
In 1996, Barangay Malbago initiated boundary dispute against Calape before the SB which decision in favor of the petitioner was affirmed by the Regional Trial Court in Bogo City.
This prompted Martinez to file a declaratory relief against Malbago and the same RTC decided on June 24, 1999 declaring that her piece of land under Original Certificate of Title (OCT) No. 27798(Free Patent) belongs to Calape.
Based on the decision, the Barangay Council of Calape on October 12, 2002 asked the SB to grant them the “long-overdue†request to put up a landmark to delineate the boundary between Malbago.
On October 18, 2002, the SB of Daanbantayan passed a resolution giving merit to Calape’s request.
Martinez alleged that the present boundary marker was erroneously erected by the previous Sangguniang Bayan in 2002 which was based merely on her OCT.
She said that there are more lot titles and tax declaration way ahead of the marker going to Malbago.
Martinez appealed to SB that present marker be extended farther going to Malbago showing evidence that more lots ahead are part of Calape.—(FREEMAN)