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???

1. Territorial Jurisdiction / Boundaries
1912-1962
1962-1982
1982-present
Atty. HARVE B. ABELLA
ABELLA & ABELLA LAW OFFICES
Salvador St., Labangon, Cebu City, Philippines

2. Rules & Regulations Implementing
the 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. Rules & Regulations Implementing
the 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. Cadastral Survey of the Municipality of
Cebu. 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. 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. 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.  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. Index Map of the
Cebu Cadastral
Survey
Date of Original
Survey, December
1910 – February 1912.
Showing the
erstwhile Barrio of
Banaua in between
Barrio Labangon and
Barrio Guadalupe.

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. BM 59
Barrio
of
Guadalupe
Barrio
of
(Banaua) Banawa
BM 35
BM 42 Barrio
Of
Labangon

11. Republic Act 2370 as amended by RA
3590, 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. 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. BM 59
Barrio
of
Guadalupe
Barrio
of
Barrio (Banaua) Banawa
Monument
BM 35
BM 42 Barrio
Of
Labangon

14. Brgy. Labangon’s neighboring Brgys. And their
captains - 1982
Barangay Barangay Captain
Labangon Atty. Honorato B. Abella
Guadalupe Antolin Jariol, Jr.
Punta Princesa Jose F. Navarro
Tisa Aurelio P. Ylaya
Calamba Primitivo S. Cania, Jr.
Duljo Homer C. Cabaral
San Nicolas Eleno V. Abellana

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. Old Map (part 1)

17. Old Map (part 2)

18. Old Map (part 3)

19. Old Map (part 4)

20. 1982 – Department of Planning and
Development
 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. Sir:
Attached to this letter is the Spot Map of Barangay
Labangon, 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 shows
the different sitios located inside our present boundary of
Labangon.
For your information the old boundaries of Labangon
comprises of all the present sitios and adjacent new
barangays of Punta Princesa, Tisa, Calamba and part of
Guadalupe. The following comprises the sitios of the new
Labangon: 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 MARIA
PALOMA VILLAGE.
Should any controversy arises (sic) with the present
boundary of Labangon with any adjacent barangay, the
undersigned is amenable for the return to the 1912 (old)
boundary of Labangon.
Hoping that this Spot Map will guide you in up-dating your
map of the City of Cebu and also that of the map of
Barangay Labangon.
Yours very truly,
HONORATO B. ABELLA (Sgd.)
Barangay Captain
Barangay Labangon

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. Barrio
Monument
1962
BM35
BM42
Area of Sitio
Banawa ceded
to Guadalupe
and the return
of the 1912
boundary.

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. The 10% barangay share in Realty
Taxes is based on the total land area
of the Barangay.
At that meeting, such 10% share was
discussed and a tabulation of the
1981 10% share was handed out to
those who attended.
Guadalupe’s share was only
PHP 85,205.82
Labangon’s share was
PHP 86,507.12
The conclusion being: Barangay
Labangon had a much greater
land area than its neighbor
Barangay Guadalupe

28. In 1984, the City
Development Council called
for a Public Hearing in
connection with the variance
application of Mr. Jimmie
Cassels for the construction
of a factory building at
Salvador Street, Banawa,
Cebu City and notified
Barangay Labangon thereof
considering that a portion of
Banawa is within the
jurisdiction of Labangon;
this was at a time when the
area was not commercially
viable as it is today.

29. 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.

30. You are hereby requested to come to the Office,
together with Two copies of the map of your
barangay. You are to assist the undersigned in
dividing your barangay into several voting
centers, as in new existing; in preparation for
the coming local elections.
The map shall be in white paper (Preferably
white tracing paper), 8 inches by 13 inches in
size. Showing among others, the public
buildings, roads, streets, alleys, rivers, creeks, if
possible. Each map shall have the North bearing
and boundaries distinctly indicated.
A definite area for every voting center, will
greatly help in having clean, orderly and honest
elections.
Your co-operation is highly appreciated.
Very truly yours,
(Atty.) REYNALDO S.FERENAL(Sgd.)
Election Registrar IV

31. Take note of the boundaries
& the sitios of Labangon in
1985
BM35
BM42

32. 1985- Comelec
 After the submission of the Spot Map, the COMELEC
generated a voting center map.

34. Sta. Ana
Culo
Sto. Nino Chapel
Gonzales Compound
Rosalina Village

35. 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.

36. Guadalupe
R. Duterte Street
Creek near
- COMMON BOUNDARY
Immanuel
BETWEEN LABANGON &
Bible College
GUADALUPE
Labangon

37. Gonzalez Subdivision

38. Gonzales
Subdivision
Rosalina
Village
Francisca Village

39. Rustans

40. Rosalina Village

41. Sitio Sto. Nino,
Sto. Nino Chapel
Paseo Arcenas,
Rustans

42. 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;

43.  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;

44. 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;

45. BBM35
BBM42 7.4 HECTARE
ENCROACHMENT
BY
GUADALUPE
Actual Boundary between
Labangon & Guadalupe
BBM42 – BBM35

46. 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

47. Errors in the Cebu City GIS/MICS
Maps 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

49. 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

50. 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;

51. 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