Makati City urges SC to reconsider decision on Taguig-Makati land dispute
The Makati City local government asked the Supreme Court (SC) on Tuesday, April 4, to reconsider its decision regarding the land dispute between Makati and Taguig City which would affect both city's territories and jurisdiction.
In a statement issued by Makati City spokesman and legal officer Atty. Don Camiña, he said that the city government has filed an omnibus motion asking the SC to hear the case en banc, saying that this legal recourse is provided for under Section 3, Rule 2 of the SC Internal Rules.
"We believe that the decision involves constitutional issues that need to be addressed by the entire court. Not only will the decision have far-reaching consequences on the operation and stability of businesses in the affected areas, it could also prejudice the right to vote and the access to vital social services of both Makati and Taguig residents," he added.
On April 3, the SC affirmed its 2021 decision which declared the Taguig City government has jurisdiction over the 729-hectare Bonifacio Global City (BGC) Complex and several barangays in Makati City.
In its 2021 decision, the SC ruled that based on historical, documentary, and testimonial evidence, the contested areas fall within the territorial jurisdiction of Taguig City.
Written by Justice Ricardo Rosario, the decision declared permanent the 1994 injunction issued by the Pasig City RTC which stopped the Makati City government “from exercising jurisdiction over, making improvements on, or otherwise treating as part of its territory Parcels 3 and 4, Psu 2031, comprising Fort Bonifacio, including the so-called Inner Fort comprising of Barangays Pembo, Comembo, Cembo, South Cembo, West Rembo, East Rembo and Pitogo.”
The Philippine Army headquarters, Navy installation, Marines’ headquarters, Consular area, JUSMAG area, Heritage Park, Libingan ng mga Bayani, AFP Officers Village and the so-called six villages are situated in the said areas.
“Considering the historical evidence adduced, cadastral surveys submitted, and the contemporaneous acts of lawful authorities, We find that Taguig presented evidence that is more convincing and worthier of belief than those proffered by Makati,” the SC ruled.
Makati City filed a motion for reconsideration but the SC denied the motion in a two-page resolution.
“Acting on petitioner’s omnibus motion for reconsideration of the decision promulgated on Dec. 1, 2021, which denied the petition for review on certiorari, the Court resolves to deny the motion with finality, the basic issues therein raised having been duly considered and passed upon by the Court in the aforesaid decision,” the resolution stated.
An entry of judgment was then issued by the SC which declared final its 2021 decision.