Final arbiter

MANILA, Philippines — A last-ditch effort by the Makati City government to prevent losing ownership over vast tracks of land to Taguig proved futile.

This was after the Supreme Court denied Makati City’s omnibus motion to refer a ruling handed down by a division of the SC to the Court en banc.

The High Court has affirmed its 2021 decision which declared as owned by the Taguig City government the 729-hectare Bonifacio Global City 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.

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 six villages are situated in the said areas.

The SC rules that based on the historical evidence adduced, cadastral surveys submitted, and the contemporaneous acts of lawful authorities, Taguig presented evidence that is more convincing and worthier of belief than those proffered by Makati.

In rejecting Makati’s omnibus motion, the SC held that the Court en banc is not an appellate court to which decisions or resolutions of a division may be appealed.

It also denied with finality the Makati City government’s omnibus motion for reconsideration of the Court’s 2021 decision, on the ground that the basic issues raised therein have already been duly considered and passed upon in the assailed decision.

The Court likewise said that no further pleadings, motions, letters or other communications shall be entertained in this case, as it ordered the immediate issuance of an entry of judgment.

In its Dec. 1, 2021 decision subject of Makati’s motion, the Court denied the petition for review on certiorari filed by Makati that assailed the resolution dated March 8, 2017 and another dated Oct. 3, 2017 of the Court of Appeals.

Back in 1993, Taguig filed a complaint against Makati before the Pasig RTC in connection with their territorial dispute over the areas comprising the Enlisted Men’s Barangays and the entirety of Fort Andres Bonifacio. The City of Makati elevated the matter to the CA and, ultimately, to the High Court.

Former Makati vice mayor Ernesto Mercado earlier appealed to the local governments of Taguig and Makati City to work together to have a smooth transition in connection with the final decision of the SC.

He pointed out that since the decision is now final and executory, all must respect the decision which the SC itself rendered after decades of litigation.

He added that Taguig and Makati should work together to ensure a smooth transition so that services will not be disrupted.

Taguig City earlier said it hopes that Makati City will cooperate for the transition of public service to the former residents of Makati who will now be called Taguigeños.

The decision is expected to adversely affect thousands of Makati residents who have become used to, and enjoy, special medical and financial benefits for senior citizens, students and solo parents, under the administration of Makati City.

With the SC being the final arbiter of the law, everyone must work together for a smooth transition. There is no use crying over spilled milk. And who knows, better things may be in store for the new Taguigenos.

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