Boundary settlement between towns valid if NOT contrary to technical description under law

Now, as already stated, in 1950 the two municipalities agreed that certain barrios belonged to Jimenez, while certain other ones belonged to Sinacaban. This agreement was subsequently approved by the Provincial Board of Misamis Occidental. Whether this agreement conforms to E.O. No. 258 will be determined by the result of survey. Jimenez contends, however, that regardless of its conformity to E.O. No. 258, the agreement as embodied in Resolution No. 77 of the Provincial Board is binding on Sinacaban. This raises the question whether the Provincial Board had authority to approve the agreement or, to put it in another way, whether it had the power to declare certain barrios part of one or the other municipality. we hold it did not if the effect would be to amend the area as described in E.O. No. 258 creating the Municipality of Sinacaban. At the time the Provincial Board passed Resolution No. 77 on February 18, 1950, the applicable law was 2167 of the Revised Administrative Code of 1917. If, therefore, Resolution No. 77 of the Provincial Board of Misamis Occidental is contrary to the technical description of the territory of Sinacaban, it cannot be used by Jimenez as basis for opposing the claim of Sinacaban. [G.R. No. 105746. December 2, 1996]