RAYOS DEL SOL, BETTINA JEAN E. III C LOCAL GOVERNMENT 2013 2014 ATTY.

GISELLA DIZON-REYES

Municipality of Kapalong v. Moya

MUNICIPALITY OF KAPALONG, THRU ITS MAYOR, PORFIRIO F. ROYO VICE MAYOR, TOMAS D. MANZANO, MUNICIPAL COUNCILORS VALERIANO CLARO, CARIDAD A. DORONIO FELICULO ESTRADA, GEORGE PEDRO JAIN, LIDO E. MONOY SALVADOR PASPE AND AGUEDO ROTOL (PETITIONERS) VS. HON. FELIX L. MOYA, PRESIDING JUDGE OF COURT OF FIRST INSTANCE OF DAVAO, BRANCH IX, AND THE MUNICIPALITY OF STO. TOMAS, THRU ITS MAYOR, ANICETO SOLIS, VICE-MAYOR LEOPOLDO RECTO, MUNICIPAL COUNCILORS DOMINGO CAGADAS, WENCESLAO CASTRO, WILDA ESPIRITU, PASTOR FERNANDEZ, MACROSQUE PIMENTEL, DOMINADOR SOLIS, JOSE TAGHOY AND ALFONSO VALDEZ, AND MUNICIPAL TREASURER JOSE AVENIDO (RESPONDENTS) SEPTEMBER 29, 1988 J. MELENCIO-HERRERA

creation of municipal corporations nature and powers to create municipal corporations

SUMMARY: Kapalong moved to dismiss Sto. Tomas complaint for settlement of boundary. Court held

that dismissal was proper, since Sto. Tomas has no legal personality and cannot be a party to any civil action. Presidents cannot create municipalities, and Sto. Tomas here was created by Pres. Garcia.

FACTS:
Pres. Garcia created the Municipality of Santo Tomas from portions of the Municipality of Kapalong. Sto. Tomas now asserts jurisdiction over eight barrios of Kapalong. Sto. Tomas filed a complaint against Kapalong for settlement of the municipal boundary dispute. From portions of the Municipality of Kapalong, President Carlos P. Garcia created Municipality of Sto.Tomas. Sto. Tomas now asserts jurisdiction over 8 barrios of Kapalong. For many years and on several occasions, this conflict of boundaries between the two municipalities was brought, at the instance of the Mayor of Sto. Tomas, to the Provincial Board of Davao for it to consider and decide. However, no action was taken on the same. The Municipality of Sto. Tomas eventually filed a complaint against the Municipality of Kapalong, for settlement of the municipal boundary dispute. The Municipality of Kapalong filed a MTD on the ground of lack of legal personality of the Municipality of Sto. Tomas.

ISSUE: Does Santo Tomas legally exist? NO.

As ruled in the Pelaez case, the President has no power to create a municipality. Since Santo Tomas has no legal personality, it cannot be a party to any civil action, and as such, Judge Moya should have dismissed the case, since further proceedings would be pointless. The Rules of Court expressly provides that only "entities authorized by law may be parties in a civil action.

DISPOSITION: Petitions dismissed for lack of merit.