Is the war over?

The city of Taguig asked the Supreme Court to order the Makati city government to explain Mayor Abigail Binay’s recent claims on the land dispute between the two cities.

It will be recalled that the SC, in a resolution dated Sept. 28, 2022, has decided with finality in favor of Taguig City when it ruled that a vast portion of lands located in Makati City actually form part of Taguig.

According to the SC ruling, Taguig City covers Fort Bonifacio, including barangays Pembo, Comembo, Cembo, South Cembo, West Rembo, East Rembo and Pitogo as well as the Philippine Army headquarters, Navy Installation, Marines headquarters, consular areas, Jusmag area, Heritage Park, Libingan ng mga Bayani, AFP Officers’ Village, and six other villages adjacent to it, all of which were formerly parts of Makati City. The Fort Bonifacio military reservation alone covers 729 hectares.

As far back as 1993, Taguig filed a complaint against Makati before the Pasig Regional Trial Court in connection with their territorial dispute over the areas comprising the enlisted men’s barangays and the entirety of Fort Bonifacio. Makati City elevated the matter to the Court of Appeals and then to the High Court, which reinstated with modification the July 8, 2011 decision of the Pasig court.

In its Sept. 28 ruling, the SC said no further pleadings, motions, letters, or other communications will be entertained in this case as it ordered the immediate issuance of an entry of judgment.

In denying Makati City’s omnibus motion for reconsideration,the SC noted it has also denied the city’s omnibus motion to refer the case to the SC en banc. The Court explained that the SC en banc is not an appellate court to which decisions or resolutions of a division of the SC may be appealed.

But in a report, Binay claimed that the city’s legal team has received a notice from the High Tribunal for a hearing on its urgent motion to bring the case before the SC en banc.

She also said that the Department of Interior and Local Government (DILG) has not yet instructed Makati to turn over the barangays covered by the ruling to Taguig.

In another news report, DILG Secretary Benjamin Abalos Jr. said they cannot facilitate the turnover of the contested areas since they are still waiting for the writ of execution from the SC.

The Makati City mayor was also quoted as saying last week that the fight is not yet over.

Binay’s recent statements and actions do not sit well with her counterparts in Taguig.

Taguig Mayor Lani Cayetano has filed before the High Court an urgent manifestation and motion asking it to investigate Binay’s disturbing claims on the land dispute.

In its filing with the SC, Taguig questioned how Makati or Mayor Binay can honestly claim that there is an order setting the case for oral arguments when she admitted in her interview that there is yet no action on their omnibus motion.

Cayetano also said SC spokesperson Brian Hosaka has denied knowledge of the supposed order.

She likewise said Binay’s false claim appeared to support social media posts about the supposed reopening of the case. The social media post also claimed that Binay spoke to President Marcos, First Lady Liza Marcos and Chief Justice Alexander Gesmundo.

Taguig’s motion emphasized that the claims from the social media post rallying Makati residents to still fight for the disputed area also insinuate that there is an attempt at having the President intervene in a purely judicial matter.

So why hasn’t Binay, who is a lawyer herself and obviously knows the intricacies of this legal battle, given up despite the SC having repeatedly said that its decision is already final and executory?

There are those who are saying that while Binay may be fighting to retain former constituents and may be really working for their interest, the reason may also be political

It appears that the second district of Makati, represented in Congress by Binay’s husband, Luis Jose Campos Jr., is actually a Binay bailiwick. Binay was Makati 2nd district’s congressional representative from 2007 to 2016 until she was elected Makati mayor and was replaced by Campos in Congress.

Makati’s second district consists of 13 barangays, including Cembo, Comembo, East Rembo, Guadalupe Nuevo, Guadalupe Viejo, Pembo, Pinagkaisahan, Pitogo, Post Proper Northside, Post Proper Southside, Rizal, South Cembo and West Rembo.

Of the said 13 barangays, 10 were ordered by the Supreme Court to be transferred to Taguig, including Cembo, Comembo, East Rembo, Pembo, Pitogo, Post Proper Northside, Post Proper Southside, Rizal, South Cembo and West Rembo.

The remaining three barangays may not be enough to constitute a separate legislative district.

According to the Philippine Statistics Authority, the Constitution itself mandates that each province and city, with a population of at least 250,000 persons, should have at least one representative in Congress.

The first district of Makati, currently represented in Congress by Rep. Romulo “Kid” Pena Jr., has 254,600 constituents based on PSA’s 2020 census. Meanwhile, PSA said in 2020, the second district of Makati had a population of 375,016.

Based on 2020 data from PhilAtlas, Makati’s second district had a total population of 365,013, with Cembo at 25,049; Comembo 15,805, East Rembo 26,448, Guadalupe Nuevo with 20,533, Guadalupe Viejo with 12,900, Pembo 44,506, Pinagkaisahan with 4,710, Pitogo, 4,654, Post Proper Northside 57,940, Post Proper Southside 63, 308, Rizal, 44,536, South Cembo 14,978, and West Rembo 29, 646. That’s a total of 326, 870.

With 13 of these barangays going to Taguig, that means what will be left of the second district will be Guadalupe Viejo with 12,900, Guadalupe Nuevo with 20,533, and Pinakaisahan with 4,710 or a total of 38,143, again not enough to justify a separate legislative district.

The fight in the Supreme Court may have indeed ended but the full impact of this decision has yet to be felt.

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