Pateros Mayor Miguel Ponce III said they are planning to file a motion with the Supreme Court (SC) to suspend the implementation of its decision transferring 10 barangays from Makati to Taguig pending the resolution of their own case.
Last April, the SC granted Pateros’ petition for review and ordered the Pasig Regional Trial Court Branch 271 to reinstate Civil Case No. 73387-TG in which Pateros seeks to recover lands from Taguig and Makati.
Pateros Mayor Miguel Ponce III (Photos from San Roque Parish Social Communications Ministry, Pateros municipal government)
The presentation made by the Pateros municipal government showing that Pateros' original map with 1,040 hectares of land (Photo from the Pateros municipal government)
Case 73387-TG was filed by Pateros on March 27, 2012 before the Pasig RTC Branch 271 against Makati and Taguig, seeking “judicial declaration that Parcel 4 of Survey Plan Psu-2031 comprising about 766 ha., partly occupied by respondents Makati and Taguig, is within the territorial jurisdiction of Pateros,” according to the SC decision.
Regarding Civil Case No. 73387-TG, Ponce said the Taguig City government has filed a motion for reconsideration with the court and they are awaiting notice from the court about their comment.
“At kami naman ang confident na wala namang mangyayari sa motion for reconsideration dahil nung ni-review namin yung arguments ay pareho din naman nung sinabi nila dati (And we are confident that nothing will happen with the motion for reconsideration because when we reviewed the arguments, they are the same with what they said before),” Ponce told Manila Bulletin in an interview on Aug. 23.
The Pateros case is separate from the Taguig-Makati case in which the Supreme Court determined that the “Fort Bonifacio Military Reservation, consisting of Parcels 3 and 4, Psu-2031, is confirmed to be part of the territory of the City of Taguig.”
In the Taguig-Makati dispute, the Supreme Court said, ““Pateros was not a party to that case, and in fact sought to intervene but was denied by the trial court. It has not yet had an opportunity to present its own evidence to prove its allegation of a historical claim to the disputed area.”
“With the ruling in G.R. No. 235316 that Fort Bonifacio -including the area subject matter of this case - is not within the territorial jurisdiction of Makati, it would seem at first blush that there is no longer any reason for Pateros to maintain suit against Makati,” the Supreme Court said.
It added, “The Court however notes that in its complaint, Pateros seeks not just the recovery of territory, but also prays that both Makati and Taguig account for proceeds they have received while exercising jurisdiction over the disputed area. Pateros may thus, if it is still so inclined, maintain Makati as defendant to the case.”
The SC decision on the Taguig-Makati land dispute resulted in the transfer of 10 barangays in Makati to Taguig. These are Cembo, Comembo, Pembo, East Rembo, West Rembo, South Cembo, Pitogo, Post Proper Northside, Post Proper Southside and Rizal.
Ponce said under their case, they are seeking to recover the barangays.
Amid the ongoing transfer of control and supervision of the barangays, Ponce said they are planning to file a motion with the Supreme Court to stop the implementation of the decision.
“Magpapa-file kami, in our case, if possible, to suspend yung implementation ng Taguig versus Makati case dahil nga to avoid confusion. Dahil pag iyan ay idineklara mong Taguig, nagsettle na ang Taguig doon, inayos na nila lahat, all of a sudden i-declare mo naman sa Pateros to (We will file, in our case, if possible to suspend the implementation of the Taguig versus Makati case to avoid confusion. Because if you declare it as part of Taguig, Taguig has settled in it, they organized it, all of a sudden you declare it as part of Pateros),” said Ponce.
He added, “Dahil maghi-hearing naman kami so we believe that it’s right and proper to hold the execution of the Taguig versus Makati case in abeyance (Because we will have a hearing [on our case] so we believe that it’s right and proper to hold the execution of the Taguig versus Makati case in abeyance).”
The mayor said they are hopeful to file the motion with the Supreme Court “within the week.”
If the Supreme Court grants the motion, there will be a status quo and the 10 barangays will temporarily remain under the supervision of Makati.
Ponce said they are not siding with either Makati or Taguig.
“Ang sa amin lang, for the proper implementation of whatever decision the court may issue in the end and to avoid confusion and yung inconvenience sa mga tao, mas maganda siguro mag-status quo muna tayo pending the determination kung sino talaga ang may better right dyan between Pateros and Taguig (For us, for the proper implementation of whatever decision the court may issue in the end and to avoid confusion and inconvenience to people, it is better maybe that we have a status quo pending the determination of who really has the better right there between Pateros and Taguig),” he said.
Ponce said Pateros is claiming Parcel 4 of Survey Plan Psu-2031, which was included in the SC decision in the Taguig-Makati case, “including the BGC [Bonifacio Global City] and all the embo [enlisted men's barrio].”
“We used to be 1,040 hectares,” said Ponce, adding that all records will show that Pateros originally had the land area.
According to the mayor, they are confident that Pateros will win the case and recover lands from Taguig.
“Confident kami kasi never naman naging Taguig iyan (We are confident because it never became a part of Taguig),” he said.