GINGOOG City Mayor Erick G. Cañosa has to withdraw the petition for Declaratory Relief under Special Civil Case No. 2018 -1096 entitled Local Government Unit (LGU) of Gingoog vs LGU of Claveria, et al pending before Regional Trial Court RTC Branch 43 here as the Sangguniang Panlungsod SP of this City has given him a go signal during the regular session on October 17, 2022.
ABC President Robert de Lara has confirmed in a phone call.
De Lara said the Sangguniang Panlungsod has approved the request of Mayor Cañosa as he also authorizes by the majority to sign and execute documents necessary for the withdrawal of the Special Civil Case.
However, de Lara said Cañosa moved in withdrawing the petition due to the following reason which was the loss of its principal witness former SP Secretary Roberto Sanchez who died a few years ago.
“Gihimo sab ang pag withdraw arun sa pag file pag usab sa mas appropriate ug effecient nga reklamo o claim sa boundary batok LGU Claveria,” added de Lara
While the August body on its regular session Monday morning October 24, has also authorized City Legal Officer lawyer Alpi Andro B. Cabatingan to appear in court and file a motion for the withdrawal of the said petition he added
In his request letter addressed to the Sangguniang Panlungsod Cañosa said the petition for Declaratory Relief is not the appropriate case to be filed to enforce the territorial boundary claims of Gingoog City.
He said for this purpose, a separate civil action must be filed specifically enforcing the territorial rights of Gingoog City.
The declaration of invalidity of Joint Resolution No. 1 series of 1993 will have no such effect, it being a mere resolution and is not even an ordinance or a law capable of creating a right or imposing any obligations.
The withdrawal of the case will allow the City Government of Gingoog to harness the government’s resources more efficiently and focus on a speedier resolution to the boundary dispute through appropriate means, Cañosa stated in a request.
It was learned that the boundary conflict between Gingoog City and Claveria was started during the Administration of the Late former City Mayor Arturo Lugod and then former mayor Antonio Calingin in the 80s
The conflicts involved the land area of about 20,000 hectares comprising the hinterland barangays of Minalwang Kalipay, Hindangon, Eureka, Balason, Sangalan, Kianlagan including Cevoleg area and barangay Lunotan.
The city government of Gingoog filed a case for territorial boundary claims against the municipality of Claveria before RTC branch 43 hereby then-former City Mayor Marie Guingona in the year between 2015 and 2018.