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SC orders Caloocan, Malabon: Resolve your territorial dispute

Daphne Galvez, Mark Ernest Villeza - The Philippine Star
SC orders Caloocan, Malabon: Resolve your territorial dispute
In a decision penned by Associate Justice Antonio Kho Jr., the SC’s Second Division ordered Caloocan and Malabon to resolve their territorial dispute following the procedures outlined in the Local Government Code.
Philstar.com / Irra Lising

MANILA, Philippines — The Supreme Court (SC) has dismissed Caloocan City’s petition challenging the constitutionality of the Malabon Charter, saying the case was premature and should first be settled at the local level.

In a decision penned by Associate Justice Antonio Kho Jr., the SC’s Second Division ordered Caloocan and Malabon to resolve their territorial dispute following the procedures outlined in the Local Government Code.

Caloocan filed a petition for declaratory relief, arguing that Section 2 of Republic Act 9019 (Malabon City Charter) unconstitutionally altered Caloocan’s territorial boundaries without a plebiscite.

Malabon violated Article X, Section 10 of the Constitution, which mandates a public vote for changes in boundaries, according to the Caloocan local government.

Malabon argued that the disputed areas were never part of Caloocan and have always been under Malabon’s jurisdiction.

The Regional Trial Court (RTC) ruled in favor of Caloocan, declaring the Malabon City Charter invalid for lack of a plebiscite.

The Court of Appeals reversed the RTC ruling, saying the dispute should have been first settled by the councils of both cities.

The SC concurred with the appeals court, saying that Caloocan’s direct filing with the RTC was procedurally improper.

Caloocan maintained that Barangays 160 and 161 are, and will always be, part of the city.

SUPREME COURT

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