How Barangay Jurisdiction Works When Barangays or Municipalities Are Not Adjacent (Philippines)

Introduction

In the Philippine local government system, barangays serve as the fundamental political units, exercising jurisdiction over their defined territories and residents. The concept of jurisdiction encompasses administrative, fiscal, and quasi-judicial powers, primarily governed by Republic Act No. 7160, otherwise known as the Local Government Code of 1991 (LGC). A key question arises when barangays or municipalities lack physical adjacency, either due to non-contiguous territories (such as isolated islands or enclaves) or because they are separated by other local government units (LGUs), bodies of water, or natural barriers. This scenario does not inherently diminish jurisdictional authority but introduces practical and legal nuances in administration, service delivery, dispute resolution, and boundary management. This article explores the full scope of how such jurisdiction operates, drawing from statutory provisions, administrative practices, and relevant principles under Philippine law.

Legal Framework Governing Barangay and Municipal Jurisdiction

The LGC establishes the foundational rules for LGU jurisdiction. Under Section 384, a barangay is the basic political unit that serves and delivers basic services to its inhabitants. Its jurisdiction is territorial, defined by the ordinance creating it, which must specify metes and bounds (Section 386). Municipalities, as higher-level LGUs comprising multiple barangays, exercise supervisory powers over barangays within their boundaries (Section 29).

Adjacency is not a prerequisite for jurisdiction; rather, it is determined by legal creation and delineation. The Code does not explicitly differentiate between adjacent and non-adjacent units in terms of core jurisdictional powers. However, non-adjacency can affect practical implementation, such as in resource allocation or enforcement. For instance, the LGC allows for the creation of barangays with non-contiguous territories if they meet population, income, and land area requirements (Section 385), acknowledging the archipelagic nature of the Philippines.

Complementing the LGC are other laws like Republic Act No. 9264 (amending certain LGC provisions on barangay creation) and administrative issuances from the Department of the Interior and Local Government (DILG), which emphasize that jurisdiction persists regardless of physical separation. The Constitution (Article X) reinforces devolution, ensuring LGUs exercise powers expressly granted, necessarily implied, or incidental to decentralization.

Territorial Jurisdiction in Non-Contiguous or Non-Adjacent Scenarios

Barangay jurisdiction is primarily territorial, extending to all lands, waters, and airspace within its boundaries, as per the LGC. When a barangay's territory is non-contiguous—meaning parts are not adjacent, such as a mainland village and a distant island sitio—the barangay punong barangay and sangguniang barangay retain full authority over all segments. This includes:

  • Administrative Powers: Collection of local taxes, fees, and charges (Section 152); issuance of barangay clearances and certifications; and enforcement of ordinances. In non-adjacent areas, administration may involve appointing sitio leaders or deputizing officials to handle day-to-day affairs, but ultimate responsibility lies with the barangay government.

  • Service Delivery: Basic services like health, sanitation, and peace and order must be provided across all territories. Practical challenges, such as transportation costs for island barangays, are addressed through inter-LGU cooperation under Section 33 of the LGC, allowing joint ventures or resource sharing with adjacent or nearby units. For example, a non-contiguous barangay in a coastal municipality might coordinate with the municipal government for ferry services or shared health workers.

  • Fiscal Jurisdiction: Revenue sources, including shares from the Internal Revenue Allotment (IRA) under Section 284, are computed based on the entire population and land area, inclusive of non-adjacent parts. Barangays can impose community taxes and fees uniformly, with collection mechanisms adapted for remote areas, such as mobile collection teams.

For municipalities with non-adjacent barangays or territories (e.g., those spanning multiple islands), jurisdiction mirrors this: the municipal mayor and sangguniang bayan oversee all components. The LGC permits municipalities to exercise powers over non-contiguous areas if historically or legally delineated, as seen in archipelagic provinces like Palawan, where municipalities like Kalayaan claim jurisdiction over distant Spratly Islands. Enforcement in such cases may rely on national agencies like the Philippine Coast Guard for support, but local ordinances apply unless preempted by national law.

In cases where municipalities are not adjacent (e.g., separated by another province), there is no overlapping territorial jurisdiction. Each maintains exclusive control over its domain, with no automatic authority extending beyond boundaries unless authorized by law, such as in environmental protection zones (e.g., watershed management under Section 20).

Jurisdiction in Dispute Resolution: The Katarungang Pambarangay System

A critical aspect of barangay jurisdiction is its quasi-judicial role through the Katarungang Pambarangay (KP), outlined in Sections 399-422 of the LGC. The lupong tagapamayapa (lupon) handles amicable settlement of disputes, but its authority is limited by residency and venue rules, where non-adjacency plays a subtle role.

  • Scope and Limitations: The lupon has jurisdiction over disputes involving parties actually residing in the same city or municipality (Section 408). If parties reside in different municipalities, even if those municipalities are adjacent, the KP does not apply; disputes must proceed directly to courts or other forums. This residency requirement ensures localized resolution but excludes inter-municipal cases, regardless of physical proximity. For example, a resident of a barangay in Quezon City cannot invoke KP against someone in a non-adjacent barangay in Caloocan City, as they are in different cities, though geographically close.

  • Within the Same Municipality: For disputes between residents of different barangays in the same municipality, venue is in the barangay where the respondent resides, at the complainant's option (Section 409(b)). Adjacency is irrelevant; the rule applies equally to non-adjacent barangays. Thus, in a sprawling municipality like Puerto Princesa City, where barangays may be separated by forests or bays, the lupon in the respondent's barangay handles the case, with provisions for travel accommodations if needed.

  • Real Property Disputes: If involving real property, venue is in the barangay where the property or its larger portion is located (Section 409(c)). Non-adjacency of barangays does not affect this; jurisdiction follows the situs. For non-contiguous municipal territories, the same principle holds, ensuring the local lupon familiar with the area mediates.

  • Exceptions and Practical Considerations: Certain disputes are exempt from KP, including those involving government entities, offenses with maximum penalties exceeding one year imprisonment, or real property in different cities/provinces (Section 408). In non-adjacent scenarios, parties may face logistical hurdles, but the LGC mandates mediation efforts, with failure leading to certification for court filing. DILG guidelines encourage virtual conciliation for remote or non-adjacent areas to facilitate access.

Boundary Disputes and Non-Adjacency

Boundary disputes typically arise only when LGUs share common borders, but non-adjacency precludes such conflicts by definition. Section 118 of the LGC provides mechanisms for settling disputes:

  • Between barangays in the same city/municipality: Referred to the sangguniang panlungsod or bayan.
  • Between municipalities in the same province: To the sangguniang panlalawigan.
  • Between municipalities or component cities in different provinces: Joint referral to respective sanggunians.

If barangays or municipalities are not adjacent, no boundary dispute exists, as there is no contiguous overlap or ambiguity. However, historical claims or redistricting (e.g., via plebiscite under Section 10) might create non-adjacent territories, requiring DILG oversight for delineation. In rare cases of enclaves (a barangay surrounded by another municipality), jurisdiction remains with the parent LGU, but inter-LGU agreements under Section 33 resolve service overlaps.

Special Considerations in Archipelagic and Remote Contexts

Given the Philippines' geography, non-adjacent jurisdictions are common in island settings. Under the Archipelagic Doctrine (embodied in the Constitution and UNCLOS ratification), LGUs maintain jurisdiction over internal waters and islands, even if distant. For barangays, this means authority over fishing grounds or marine resources within territorial limits (Section 131), enforced via barangay tanods or coordination with the Bureau of Fisheries and Aquatic Resources.

In disaster-prone areas, non-adjacency complicates response; the LGC (Section 16) mandates contingency planning, often involving national aid. Fiscal autonomy allows barangays to allocate funds for connectivity, like boats or communication systems.

Challenges and Reforms

While the law ensures jurisdictional continuity, non-adjacency poses challenges: delayed services, higher costs, and enforcement gaps. Reforms, such as digital governance initiatives by the DILG, aim to mitigate these through online platforms for clearances and dispute filing. Judicial interpretations, like in Supreme Court cases on LGU powers (e.g., Province of Batangas v. Romulo, G.R. No. 152774, emphasizing devolution), affirm that physical separation does not erode authority.

Conclusion

Barangay and municipal jurisdiction in the Philippines operates robustly even when units are not adjacent, rooted in territorial definitions and residency rules under the LGC. Non-contiguity affects logistics but not legal powers, with mechanisms for cooperation ensuring effective governance. Understanding these dynamics is essential for residents, officials, and legal practitioners navigating the decentralized system, promoting harmony in a diverse archipelago.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.