Fort Bonifacio and Embo
Disputed areas
Contested territory between Makati and Taguig, and Pateros, including Bonifacio Global City
Contested territory between Makati and Taguig, and Pateros, including Bonifacio Global City
CountryPhilippines
Cities[lower-alpha 1]Taguig
Makati
Divisions
 • Makati barangays
10
 • Taguig barangays
4

The local city governments of Makati and Taguig of the Philippines were involved in a territorial dispute. The cities claimed jurisdiction over Fort Bonifacio, which includes the financial district of Bonifacio Global City (BGC) and Enlisted Men’s Barrios (Embo) barangays.

Taguig has administration over Bonifacio Global City and some territory to its south as part of its Fort Bonifacio barangay. In addition, Pinagsama exercises control over the McKinley Hill area and Palar Village, while Barangay Ususan controls some exclaves along Circumferential Road 5 (C-5), such as Logcom Village, Wildcat Village, and Aranai.

Makati claims the main Bonifacio Global City area, Bonifacio Capital District that includes McKinley Hill, the lands along C-5, and most parts of Palar Village and Fort Andres Bonifacio to be under the jurisdiction of its barangays, Post Proper Northside and Post Proper Southside, while Ususan's exclaves along the eastbound portion of C-5 are also claimed by Barangays Rizal and Pembo.

Pateros also claims to control the Embo and Post Proper barangays of Makati and some barangays in Taguig. Pateros's claim includes Bonifacio Global City. However, the legal case it filed is separate from the case involving Makati and Taguig.[1]

In 2023, the Supreme Court ruled with finality that Taguig has jurisdiction over Fort Bonifacio and the Embo barangays. The Embo and Post Proper barangays were now transferred and ceded to Taguig. However, dispute regarding the ownership and management of Makati-developed assets in the Embo and Post Proper barangays, especially public schools and hospitals still persists.

Background

In 1993, the municipal government of Taguig filed a case against Makati before the Pasig Regional Trial Court (RTC), contending "that the areas comprising the Enlisted Men's Barangays (EMBOs), as well as the area referred to as Inner Fort in Fort Bonifacio, were within its territory and jurisdiction." The Pasig court ruled in favor of Taguig in 2011. Makati filed a motion for reconsideration at the Pasig RTC. At the same time, the city filed a petition for an annulment of judgment with the Court of Appeals.[2]

The city governments of Makati and Taguig fought over the jurisdiction of Fort Bonifacio because of the area's growth potential. A portion of the base, including the Libingan ng mga Bayani and the Manila American Cemetery, lies within Taguig, while the northern portion, where the Global City development is centered, was considered part of Makati. A 2003 ruling by a judge in the Pasig Regional Trial Court upheld the jurisdiction of Taguig over the entirety of Fort Bonifacio, including the Bonifacio Global City and what is now Pinagsama.[3]

Supreme Court

On June 27, 2008, through Associate Justice Leonardo Quisumbing, the suit of Makati was dismissed, seeking to nullify Special Patents 3595 and 3596 signed by President Fidel V. Ramos, conveying to the Bases Conversion and Development Authority public land in Fort Bonifacio, Taguig. Due to a pending civil case filed by the Taguig city government asking the court to define its territorial boundaries, Makati cannot halt Taguig from collecting taxes on land located in Fort Bonifacio because it does not have any other source of sufficient income.[4][5][6]

Further rulings and appeals

On August 5, 2013, after a year and a half of deliberations, the 20-year-long battle was decided in a 37-page decision written by Justice Marlene Gonzales-Sison of the Court of Appeals. The ruling says that jurisdiction over Fort Bonifacio has reverted to Makati from Taguig. The court upheld the constitutionality of Presidential Proclamation Nos. 2475 and 518, both of which confirmed that portions of the aforementioned military camps are under the jurisdiction of Makati. The decision also cited the fact that voters from the barangays that are subject to the dispute between Makati and Taguig have long been registered as voters of Makati, thus bolstering the former's jurisdiction over Fort Bonifacio. Taguig Mayor Lani Cayetano, however, maintained that this decision was not yet final and executory, and asked Justice Gonzales-Sison to recuse herself from the case as it was discovered that her family has close ties with the Binays of Makati.

On August 22, 2013, the Taguig city government filed a motion for reconsideration before the Court of Appeals' Sixth Division, affirming its claim on Fort Bonifacio.[7] With the filing of the motion, Taguig asserted jurisdiction over Fort Bonifacio. According to Taguig's legal department, jurisprudence, and the rules of procedure in the country's justice system, all say that the filing of a motion for reconsideration suspends the execution of a decision and puts it in limbo. On June 15, 2016, in a 27-page decision by the Second Division of the Supreme Court, the court found Makati guilty of direct contempt for forum shopping.[8]

On October 3, 2017, the Court of Appeals upheld its final decision in favor of the city government of Taguig and not Makati. The Supreme Court also found Makati guilty of forum shopping after simultaneously appealing the Pasig Regional Trial Court (RTC) ruling and filing a petition before the Court of Appeals, both seeking the same relief.[9][10] However, Makati maintained its claim over the disputed area.[11]

In a decision released on April 27, 2022, the Supreme Court upheld the 2011 Pasig RTC ruling that declared that the 729 hectares (1,800 acres) Bonifacio Global City complex, along with several surrounding barangays of Makati (Pembo, Comembo, Cembo, South Cembo, West Rembo, East Rembo, and Pitogo), was under the jurisdiction of the Taguig city government.[12] However, Makati released a statement saying that it would continue exercising jurisdiction over areas it controlled until it received an official copy of the decision.[13]

Result

On April 3, 2023, the Supreme Court junked the motion for reconsideration that was filed by Makati to override the court's earlier decision, siding with Taguig. The city government of Taguig released a statement "welcoming the new Taguigeños", referring to the residents of the affected Embo barangays, and saying that the Taguig LGU will start working on the transition and handover of such barangays.[14]

Makati appeal attempt

Makati Mayor Abigail Binay claimed that the dispute is "not yet over", stating that her office has received a notice that the Supreme Court has set its case with Taguig for oral arguments. This was contradicted by Supreme Court spokesperson Brian Keith Hosaka, who stated that there are no such documents.[15]

The Taguig city government slammed Binay's comment and also expressed belief that her meeting with President Bongbong Marcos, First Lady Liza Araneta Marcos and Chief Justice Alexander Gesmundo was meant to "undermine the probity of our highest officials and subvert the people's trust in the impartiality of justice".[15] Taguig's mayor sought sanctions against Makati for the statement.[16]

On June 29, the SC rejected Makati's motion to file a second appeal, saying that it is generally prohibited under their rules. It also said its en banc "is not an appellate court" and will not entertain further pleadings in the case. Makati's had filed an earlier motion for reconsideration, which was rejected in 2022.[17]

On October 5, Makati City Mayor Abigail Binay filed a motion for clarification with the petition for the issuance of a status quo ante order before the Taguig City Court Branch 153 to facilitate the proper transition of territory. This is the same court where the Taguig-Makati land row started, which was eventually resolved by the Supreme Court in favor of Taguig. The petition came after Taguig and Makati engaged in a dispute over schools and health facilities in Embo barangays, prompting national agencies to intervene.[18]

Aftermath and transition

Taguig issued a statement welcoming ten barangays to its jurisdiction.[19] Meanwhile, Makati Mayor Abigail Binay conceded defeat after the Supreme Court denied Makati's second appeal.[20]

Residents of the Embo barangays launched a series of motorcade protests in response to the ruling. The first motorcade protest was held on August 20, 2023 followed by two more on August 27 and November 5.[21][22]

Taguig would extend its scholarship program to residents of the formerly disputed area.[23] Mayor Binay, on the other hand, pledged to continue to provide assistance to residents in the area. She claimed that Taguig would not be able to do so immediately, noting that its scholarship program has a residency requirement.[24]

Students studying at the University of Makati and residents served by the Ospital ng Makati who are beneficiaries of Makati's social programs would be affected.[25] Taguig claims that Makati should now pay rent for government facilities of Makati now within Taguig.[26]

Taguig proposed the formation of a joint transition body.[27] Makati also suggested holding a plebiscite covering the contested area if both city governments agree.[26]

The Department of Budget and Management (DBM) reminded various government agencies to comply with the SC ruling with regard to budget planning and allocation.[28]

Businesses

Business establishments in the Embo and Post Proper barangays are now advised to register in Taguig. The local government of Taguig will accommodate and process the replacement of Makati business permits.[29]

Court jurisdiction

The Supreme Court of the Philippines is set to transfer the jurisdiction of civil and criminal cases committed within the disputed area from Makati courts to Taguig courts effective January 1, 2024.[30]

Transfer of local government

The Department of the Interior and Local Government (DILG) ordered the transfer of the eight Embo barangays and two Post Proper barangays, formerly under Makati, to the jurisdiction of its Taguig field office, through a memorandum circular dated October 26, 2023. Meanwhile, the DILG National Capital Region was ordered to furnish reports to DILG Taguig of the 10 barangays on the conduct of line inventory and turnover of the Barangay and Sangguniang Kabataan properties, financial records, documents and money accountabilities.[31][32]

2023 BSKE elections

Ahead of the Barangay and Sanggunian Kabataan Elections (BSKE) held in October 2023, the COMELEC transferred the eight Embo barangays and two Post Proper barangays to Taguig.[33] The DILG has instructed both the cities of Makati and Taguig to assist COMELEC regarding the upcoming BSKE.[34] COMELEC has also instructed the Office of the Election Officer (OEO) of both Taguig and Makati (second district) to prepare a new list of qualified electoral boards, to print new voter's list reflecting the change to Taguig, and to ensure that voting centers would be available. Voters in the affected barangays were automatically transferred to Taguig.[33][34]

On November 12, newly elected Sangguniang Kabataan (SK) officials from the Embo barangays, along with other newly elected barangay and SK officials from Taguig, took their oath before Taguig Mayor Lani Cayetano in Bonifacio Global City. However, on November 25, newly elected barangay officials from the Embo barangays opted to take their oath before Makati Mayor Abigail Binay at the Makati City Hall.[35]

Administration of schools

The Makati Science High School in Cembo is one of the 14 Embo public schools affected by the dispute.

The Regional Office of the Department of Education–National Capital Region has issued a memorandum ordering the transfer of the affected fourteen Embo public schools from the Schools Division Office (SDO) of Makati to the Schools Division Office of Taguig–Pateros. A meeting was held between the officials of the SDO of Taguig–Pateros, local officials of Taguig, and the principals of the affected Embo public schools and tackled that Taguig is ready for the opening of classes in the affected schools on August 29.[36]

The schools would be later placed under the direct supervision of the national Department of Education.[37] Meanwhile, the City Government of Makati stated that it is willing to lease 11 out of 14 public schools in the Embo area, in an effort to bolster their claim that they still own the property.[38]

Transfer of the administration, management and physical facilities of the 14 affected schools from Makati to Taguig is being fast-tracked to be completed by November.[39]

Transfer of healthcare facilities

The Ospital ng Makati in Pembo is one of the healthcare facilities affected by the dispute.

On September 25, 2023, the City Administrator of Makati Claro Certeza alleged that the Taguig City Government rejected the deals regarding the transfer of health facilities, services and data in the areas affected by the territorial dispute between the cities. The city government of Makati proposed a credit line for Taguig, and offered Taguig the option to lease or purchase the facilities it built on the contested areas. However, the Taguig City Government stated that the proposed deals and memorandums with Makati are “anchored on the false premise that they (Makati) own the land and the health centers built thereon.” The Taguig City Government also accused Makati of violating the agreement with the Department of Health, which stated that both Taguig and Makati shall not take up ownership of existing land and buildings while the transition discussions are on-going.[40][41]

Social welfare

On September 28, 2023, the residents of the Embo barangays are now eligible to receive scholarships from the Taguig City Government. The city said it received 5,000 scholarship application from the 10 Embo barangays, with 387 recipients already receiving their cash allowance within the first two days.[42] Taguig also started giving out cash gifts to senior citizens of the Embo barangays.[43]

However, in late 2023, the Makati local government continues its annual tradition of distributing Pamaskong Handog bags, containing grocery items, to the residents of Embo barangays in anticipation of Christmas.[44]

Road and traffic management

The section of J.P. Rizal Avenue passing through the Embo barangays is now included in Taguig's exemption from the MMDA's modified number coding scheme.

As of November 14, 2023, the eight Embo barangays and two Post Proper barangays were placed under the jurisdiction of Taguig's Traffic Management Office (TMO). Consequently, the area is now covered by the exemption under the modified number coding scheme by the Metro Manila Development Authority (MMDA) that is also applied in Taguig, having been previously under Makati's full number coding scheme (Monday to Friday, 7:00 am to 7:00 pm).[29][45] However, the MMDA's coding scheme (Monday to Friday, 7:00 am to 10:00 am and 5:00 pm to 8:00 pm) is still enforced on Circumferential Road 5 (C-5) that traverses the disputed area. Both schemes are not implemented on holidays.

However, as of November 2023, the national roads in the Embo barangays remain under the jurisdiction of Department of Public Works and Highways (DPWH) – Metro Manila 2nd District Engineering Office that covers Makati, Parañaque, and the outskirt of Bonifacio Global City, while those in the rest of Taguig are under DPWH – Metro Manila 1st District Engineering Office.[46]

Legislative districts

Map of Makati's 2nd congressional district encompassing the barangays ceded to Taguig in light red and the remaining, non-contested barangays in red.

With the ruling, the fate of Makati's 2nd district, which covered the disputed area as well as the non-contested barangays of Guadalupe Nuevo, Guadalupe Viejo, and Pinagkaisahan, is uncertain. The remaining barangays in Makati does not satisfy the constitutional requirement of having at least 250,000 residents to be represented by a congressional district.[47]

Makati's 2nd district is expected to remain despite not fulfilling the population constitutional requirements even with three barangays.[48]

With this development, Makati may be reduced to a single district, with the Embo barangays forming as a third district for Taguig.[47] Legislation and plebiscite would be still required.[48]

Notes

  1. ↑ Pateros also has overlapping claims. However Pateros' claim is not under the scope of this article

References

  1. ↑ San Juan, Joel (May 12, 2023). "Supreme Court gives Pateros say in land row". BusinessMirror. Retrieved July 18, 2023.
  2. ↑ Bacungan, V. J. (March 9, 2017). "Court rules in favor of Taguig in Bonifacio Global City territorial dispute". CNN Philippines. Retrieved October 4, 2020.
  3. ↑ G.R. No. 168781 (14 September 2007). City of Makati, Petitioner, vs. the Hon. Judge Briccio C. Ygaña, Presiding Judge, Regional Trial Court, Pasig City, Branch 153, and Municipality of Taguig, Respondents. Retrieved May 14, 2022.{{cite book}}: CS1 maint: numeric names: authors list (link)
  4. ↑ "Court junks Taguig's suit to nullify Ramos patents". manilastandardtoday.com. Retrieved July 9, 2015.
  5. ↑ G.R. No. 163175 (27 June 2008). City of Makati, Jejomar Binay and Ernesto S. Mercado, Petitioners, vs. Municipality (now City) of Taguig, Metropolitan Manila, the Executive Secretary, Bases Conversion and Development Authority, Fort Bonifacio Development Corporation, Register of Deeds Vicente A. Garcia and the Land Management Bureau Director, Respondents. Retrieved May 14, 2022.{{cite book}}: CS1 maint: numeric names: authors list (link)
  6. ↑ Salaverria, Leila (June 30, 2008). "Court rules against Taguig in property dispute case". Inquirer.net. Archived from the original on September 22, 2013. Retrieved July 9, 2015.
  7. ↑ "Taguig City Files a Motion for Reconsideration". taguig.gov.ph. Retrieved July 9, 2015.
  8. ↑ Torres-Tupas, Tetch (August 1, 2016). "Makati guilty of direct contempt over BGC row with Taguig". Philippine Daily Inquirer. Retrieved January 22, 2017.
  9. ↑ Ramos, Marlon (November 6, 2017). "CA: Taguig owns BGC, not Makati". Philippine Daily Inquirer. Retrieved December 18, 2017.
  10. ↑ Punay, Edu (November 6, 2017). "It's final: BGC belongs to Taguig". The Philippine Star. Retrieved December 18, 2017.
  11. ↑ Lalu, Gabriel Pabico (August 22, 2018). "Binay insists: BGC, other barangays are Makati". Philippine Daily Inquirer. Retrieved May 31, 2020.
  12. ↑ Panaligan, Rey (April 27, 2022). "SC affirms RTC ruling for Taguig City in territorial dispute with Makati City". Manila Bulletin. Retrieved April 27, 2022.
  13. ↑ Garcia, Patrick (April 28, 2022). "Contested areas in SC ruling to remain under Makati City's jursidiction – LGU". Manila Bulletin. Retrieved April 28, 2022.
  14. ↑ "Taguig LGU lauds SC decision over Fort Bonifacio ownership". Manila Bulletin. Retrieved April 3, 2023.
  15. 1 2 Abrogar, Sofia (June 10, 2023). "Taguig government slams Makati mayor Binay's BGC complex claims, asserts ownership". Inquirer.net. Retrieved July 9, 2023.
  16. ↑ Torres-Tupas, Tetch (June 13, 2023). "Taguig mayor seeks sanctions vs Makati's Abby Binay over territorial dispute statement". Inquirer.net. Retrieved July 9, 2023.
  17. ↑ "Supreme Court rejects Makati's bid for second appeal on Taguig territory row". ABS-CBN News. June 30, 2023. Retrieved July 4, 2023.
  18. ↑ "Makati asks court for status quo, clarification on SC decision in Taguig dispute". Rappler. October 5, 2023. Retrieved October 5, 2023.
  19. ↑ Cordero, Ted (July 1, 2023). "Taguig prepared to take in 10 barangays transferred from Makati". GMA News. Retrieved July 18, 2023.
  20. ↑ Murcia, Alvin (July 18, 2023). "Binay concedes on Makati-Taguig row: 'Tapos na ang laban'" [Binay concedes on Makati-Taguig row: 'The fight is over']. Daily Tribune. Retrieved July 18, 2023.
  21. ↑ "EMBO Barangays Residents Stage Motorcade and Prayer Vigil (Taguig Dot Com)". August 20, 2023. Retrieved November 20, 2023.
  22. ↑ "EMBO residents protest Taguig transfer in motorcade (Rappler)". August 27, 2023. Retrieved November 20, 2023.
  23. ↑ "Taguig's inclusive scholarship program: A game changer for former Makati barangays". Philippine Daily Inquirer. July 11, 2023. Retrieved July 18, 2023.
  24. ↑ Servallos, Neil Jayson (July 18, 2023). "Makati to aid residents affected by land dispute". The Philippine Star. Retrieved July 18, 2023.
  25. ↑ "Makati mayor worries over fate of 300K residents of District 2". BusinessMirror. July 17, 2023. Retrieved July 18, 2023.
  26. 1 2 "Binay airs concern over Makati facilities". The Philippine STAR.
  27. ↑ "Taguig proposes joint transition team with Makati for BGC". July 20, 2023.
  28. ↑ "DBM: Comply with SC ruling on Makati-Taguig budgeting". BusinessWorld. September 17, 2023. Retrieved September 21, 2023.
  29. 1 2 Bautista, Nillicent (November 16, 2023). "'Embo' businesses advised to register in Taguig". PhilStar Global. Retrieved November 20, 2023.
  30. ↑ Pultra, Benjamin (November 17, 2023). "SC directs transfer of case jurisdiction from Makati to Taguig by 2024". Philippine News Agency. Retrieved November 18, 2023.
  31. ↑ "DILG's Taguig office to take control of 10 EMBO villages". Philippine News Agency. November 8, 2023. Retrieved November 8, 2023.
  32. ↑ "DILG-Taguig to handle programs, projects in 10 former Makati barangays". Inquirer.net. November 8, 2023. Retrieved November 8, 2023.
  33. 1 2 "Comelec: 10 EMBO barangays now considered part of Taguig for BSKE". CNN Philippines. 21 August 2023. Retrieved 22 August 2023.
  34. 1 2 "DILG tells Makati, Taguig to help Comelec with BSKE matters in areas affected by transfer". GMA News. 20 August 2023. Retrieved 22 August 2023.
  35. ↑ Cruz, James Patrick (November 25, 2023). "Loyalty check? Newly-elected EMBO barangay officials take oath before Makati Mayor Binay". Rappler. Retrieved November 25, 2023.
  36. ↑ "Taguig LGU all systems go in opening of classes in schools formerly under Makati". Inquirer.net. 11 August 2023. Retrieved 11 August 2023.
  37. ↑ "DepEd takes supervision of EMBO schools in Makati-Taguig row". GMA News. 17 August 2023. Retrieved 19 August 2023.
  38. ↑ Cruz, James Patrick (23 August 2023). "Makati to lease some EMBO schools to Taguig". Rappler. Retrieved 25 August 2023.
  39. ↑ "DepEd task force eyes completing transition plan for schools in Makati-Taguig row in November". CNN Philippines. November 10, 2023. Retrieved November 12, 2023.
  40. ↑ "Makati, Taguig clash on transfer of health facilities, data". GMA News Online. September 25, 2023. Retrieved September 26, 2023.
  41. ↑ "Taguig says Makati 'violates' deal with DOH on transfer of health facilities". CNN Philippines. September 25, 2023. Retrieved September 26, 2023.
  42. ↑ "Students from EMBO barangays get scholarships". PhilStar Global. September 28, 2023. Retrieved September 29, 2023.
  43. ↑ "Taguig LGU starts giving P100,000 to centenarians in EMBO barangays". GMA News Online. September 28, 2023. Retrieved September 29, 2023.
  44. ↑ "No letting go! Makati Mayor Binay to distribute X-mas bags to EMBO residents". Politiko Metro Manila. November 8, 2023. Retrieved November 12, 2023.
  45. ↑ "Embo barangays in Taguig City are now exempt from number coding". TopGear.com.ph. November 15, 2023. Retrieved November 15, 2023.
  46. ↑ "ROAD AND BRIDGE INFORMATION APPLICATION". Department of Public Works and Highways. Retrieved November 18, 2023.
  47. 1 2 Aurelio, Julie (22 July 2023). "SC ruling opens issue on Taguig House seats". Philippine Daily Inquirer. Retrieved 23 July 2023.
  48. 1 2 "After SC ruling, Makati's congressional seat hangs in the balance". Rappler. 26 July 2023. Retrieved 27 July 2023.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.