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    Kapalong Vs Moya

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    newmee
    The Municipality of Kapalong filed a petition against Judge Felix Moya, arguing that he did not have jurisdiction over a boundary dispute case filed by the Municipality of Santo Tomas against Kapalong. Kapalong argued that Santo Tomas did not legally exist, as the President does not have the power to create municipalities, and thus Santo Tomas had no corporate existence or right to file the boundary dispute case. The Supreme Court granted Kapalong's petition, finding that boundary disputes are administrative in nature and should be handled by government agencies rather than courts.

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    Kapalong Vs Moya

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    newmee
    19 views1 page
    The Municipality of Kapalong filed a petition against Judge Felix Moya, arguing that he did not have jurisdiction over a boundary dispute case filed by the Municipality of Santo Tomas against Kapalong. Kapalong argued that Santo Tomas did not legally exist, as the President does not have the power to create municipalities, and thus Santo Tomas had no corporate existence or right to file the boundary dispute case. The Supreme Court granted Kapalong's petition, finding that boundary disputes are administrative in nature and should be handled by government agencies rather than courts.

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    case digest

    Original Title

    9. Kapalong vs Moya (1)

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    The Municipality of Kapalong filed a petition against Judge Felix Moya, arguing that he did not have jurisdiction over a boundary dispute case filed by the Municipality of Santo Tomas against Kapalong. Kapalong argued that Santo Tomas did not legally exist, as the President does not have the power to create municipalities, and thus Santo Tomas had no corporate existence or right to file the boundary dispute case. The Supreme Court granted Kapalong's petition, finding that boundary disputes are administrative in nature and should be handled by government agencies rather than courts.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    19 views1 page

    Kapalong Vs Moya

    Uploaded by

    newmee
    The Municipality of Kapalong filed a petition against Judge Felix Moya, arguing that he did not have jurisdiction over a boundary dispute case filed by the Municipality of Santo Tomas against Kapalong. Kapalong argued that Santo Tomas did not legally exist, as the President does not have the power to create municipalities, and thus Santo Tomas had no corporate existence or right to file the boundary dispute case. The Supreme Court granted Kapalong's petition, finding that boundary disputes are administrative in nature and should be handled by government agencies rather than courts.

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    of 1

    G.R. No.

    L-41322 September 29, 1988

    MUNICIPALITY OF KAPALONG vs. HON. FELIX L. MOYA

    FACTS:

    From portions of the Municipality of Kapalong, President Carlos P. Garcia created respondent
    Municipality of Santo Tomas, and the latter now asserts jurisdiction over eight (8) barrios of
    petitioner. For many years and on several occasions, this conflict of boundaries between the two
    municipalities was brought, at the instance of private respondent, to the Provincial Board of Davao
    for it to consider and decide. However, it appears that no action was taken on the same. Private
    respondent then filed a complaint with the then Court of First Instance of Davao, presided over by
    herein public respondent Judge Felix L. Moya against the Municipality of Kapalong, for settlement of
    the municipal boundary dispute, recovery of collected taxes and damages.

    ISSUE:

    Whether or not the Municipality of Santo Tomas legally exists.

    RULING:

    PREMISES CONSIDERED, the petition is GRANTED

    Petitioner contends that the ruling of this Court in Pelaez v. Auditor General (15 SCRA 569) is clear
    that the President has no power to create municipalities. Thus, there is no Municipality of Santo
    Tomas to speak of It has no right to assert, no cause of action, no corporate existence at all, and it
    must perforce remain part and parcel of Kapalong. Based on this premise, it submits that respondent
    Judge should have dismissed the case.

    On the ground of jurisdiction, petitioner argues that the settlement of boundary disputes is
    administrative in nature and should originate in the political or administrative agencies of the
    government, and not in the courts whose power is limited to judicial review on appropriate
    occasions.

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