The Makati City local government on Tuesday, Aug. 15, said that the city of Taguig must first secure a writ of execution to effect the transfer of jurisdiction over the 10 barangays in District 2 of Makati to Taguig according to a Supreme Court (SC) administrator.

Makati City Hall

According to the city government, Makati Regional Trial Court Branch 64 Executive Judge Gina Bibat-Palamos posted a query to the Office of the Court Administrator regarding the matter.

“Meanwhile, as an initial assessment, the decision of the Supreme Court's Third Division should be the subject of a writ of execution before the trial court of origin. When the said writ has been implemented by the Department of Interior and Local Government (DILG), then that is the reckoning period for the transfer of jurisdiction of cases emanating from the Fort Bonifacio Military Reservation, consisting of Parcels 3 and 4, Psu-2031, from Makati City to the City of Taguig," stated Court Administrator Raul Villanueva in his reply to Executive Judge Bibat-Palamos dated July 25, 2023.

Makati City Administrator Claro Certeza said Villanueva's response has set a clear path forward, delineating the necessary steps that must be taken before any jurisdictional transfers can proceed.

Certeza explained that he wrote to Palamos last Aug. 11 to seek clarification on the transfer of pending court cases in the 10 affected barangays namely Pembo, Comembo, Cembo, South Cembo, West Rembo, East Rembo, Pitogo, Rizal, Northside and Southside.

On Monday, he received the reply from the executive judge, who quoted Villanueva’s response verbatim in her letter.

Villanueva further stated that "all cases currently filed and pending before the first and second level courts in Makati City should continue to be tried, heard, and decided by the said courts."

Last Monday, Taguig Mayor Lani Cayetano launched the annual Brigada Eskwela at the Makati Science High School and visited Fort Bonifacio Elementary School and Fort Bonifacio High School. All three schools are located within the disputed territories.

"It is evident that Taguig did not adhere to and disregarded the rule of law by not waiting for a writ of execution. Their unlawful entry in our public schools without securing the necessary legal processes clearly demonstrate a lack of respect for established procedures and the principle of jurisdiction," the city administrator stressed.

He appealed to Taguig to adhere to the rule of law to avoid confusion among parents and students and unnecessary tension in barangays affected by the SC decision.

Certeza said the city may file criminal and administrative charges against Taguig for its unlawful attempt to take possession of properties owned by Makati on Aug. 12 where "enforcers" allegedly belonging to Taguig’s Public Safety Department (PSD) "attempted to forcibly take possession of several public elementary and high school buildings in the barangays” without any lawful order.

In an earlier statement, Makati City Mayor Abby Binay said Taguig has yet to secure a writ of execution from the court of origin.

She added that the Department of Education (DepEd) Memorandum Order 2023-735 only addresses the transfer of management and supervision of the 14 affected public schools, not the transfer of ownership.

The mayor reiterated that these public schools are titled to Makati and were constructed using the city's funds, underscoring the importance of upholding established property rights.

Rejected

Earlier, Binay proposed a status quo arrangement where the city would continue its services in the affected schools. This proposal aims to alleviate worries among students and parents and avoid disruption in school operations.

However, on Aug. 14, Certeza said the offer was rejected during a meeting last July, attended by Binay, Taguig Mayor Lani Cayetano, city officials, and Department of education (DepEd) representatives.

“We have offered an arrangement that would benefit the students. But Taguig rejected it,” Certeza said in a statement.

Despite the rejection, Certeza noted that the Makati government’s offer to help the students still stands.  

“Makati has offered to continue to provide these benefits to ease the worries of the students and their parents. We have asked the Commission on Audit (COA) for guidance on how best to proceed, but we are willing and ready any time,” he added.

Around 30,000 public school students studying in schools in the 10 barangays covered in the boundary dispute were beneficiaries of Makati City’s free school supplies program, said the local government.

The school supplies include sneakers, white socks and black leather shoes, reusable water tumblers, Japanese-inspired Randoseru bags, hygiene kits, dental kits, anti-dengue kits, hard hats and Emergency Go Bags, rain gear including rain coats and rain boots, and jackets.

Aside from school equipment, Makati also offered free nutritious snacks to Kinder to Grade 6 level students through Project FEED (Food for Excellent Education and Development).  

The 14 public schools located in the affected barangays in District 2 are Fort Bonifacio Elementary School, Cembo Elementary School, South Cembo Elementary School, Pitogo Elementary School, East Rembo Elementary School, Rizal Elementary School, Comembo Elementary School, West Rembo Elementary School, Pembo Elementary School, Makati Science High School, Benigno “Ninoy” S. Aquino High School, Tibagan High School, Fort Bonifacio High School, and Pitogo High School.