The city government of Makati said that Taguig City has “unreasonably” rejected the proposed agreements it has made to facilitate the smooth transfer of Makati-owned public health facilities and services in the affected “embo” barangays under the Supreme Court (SC) ruling. 

“We have initiated a series of correspondence and memorandum of agreement (MOA) proposals to the City of Taguig aimed to facilitate the smooth transfer of Makati-owned health facilities to its jurisdiction. However, these have been rejected outright, without valid reason. Unfortunately, Taguig seems adamant about taking over our hospital and health centers without acknowledging our ownership rights,” said Makati City Administrator Claro Certeza. 

The MOAs refer to eight barangay health centers in Barangays Cembo, Comembo, East Rembo, Pembo, Pitogo, Rizal, South Cembo and West Rembo; and the Ospital ng Makati (OsMak). 

In terms of OsMak, Certeza said Makati Mayor Abby Binay sent a letter to Taguig Mayor Lani Cayetano, stating a proposed MOA for the hospital that “offers a substantial credit line to Taguig.”

The credit line will function as a “financial safety net, enabling Taguig City to provide essential health care services to its residents without immediate upfront payments, particularly in cases where beneficiaries may not have the means to cover their medical costs themselves,” as per the draft MOA. 

In a separate letter, Binay has also proposed an offer for Taguig to “lease or purchase the land and improvement of the eight health centers, subject to the appraisal of the Commision on Audit (COA).” 

However, Cayetano’s letters reportedly rejected both proposals, stating that Health Secretary Teodoro Herbosa will be taking the lead in the discussion on OsMak, wherein both cities must abide by his decisions, as well as follow the supposed directive from Herbosa to “exclude the issue of ownership in the transition.” 

“Makati is willing to let Taguig use its properties without asking them for immediate payment. We are, in fact, deferring to COA to determine the reasonable amount to be charged,” Certeza said.  

Proposals on data sharing to protect the privacy and sensitive information of all patients of the affected health centers were also rejected, remarked Certeza. 

“Makati is going out of its way to work out a smooth transition with Taguig, but it is apparently hell-bent on taking over and gaining control of city-owned public facilities without due process. It persists in unduly invoking the Supreme Court decision while refusing to obtain a writ of execution from the court of origin,” he said. 

The writ of execution is an order requested by the winning party from the court of origin that is used to enforce, implement or satisfy the judgement or decision, which often pertains to the transfer or seizure of properties or assets of the losing party. 

During a roundtable discussion at the Unibersidad de Manila College of Law, Law Professor Atty. Vien Lawrence Gabato and Atty. George Matthew Habacon of the University of Asia and the Pacific said all cases need a writ of execution. 

Gabato said non-issuance can be “construed as ‘implied indirect contempt’ on the part of the court of origin,” and can “result in the waste of government resources and cause confusion among affected parties.”

Habacon added that  “while properties owned by Makati in the 10 barangays will be under the jurisdiction of Taguig, they will remain properties of Makati.” 

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