CA gags Taguig, Makati on Fort Boni row

MANILA, Philippines - The Court of Appeals (CA) issued yesterday a gag order preventing the city governments of Taguig and Makati from making public statements related to the dispute over the 729-hectare Fort Bonifacio, including the posh Bonifacio Global City.

In a five-page resolution, the CA’s Sixth Division warned that parties in the case – including lawyers and witnesses – would be cited for indirect contempt should they violate the order.

The CA cited as basis for the order the sub judice rule on pending cases, which restricts comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.

It explained that a violation of the sub judice rule is punishable for indirect contempt under Section 3(d), Rule 71 of the Rules of Court.

 â€œThis Court is not oblivious to the comments, disclosures and statements before the media and the public made by the parties and other personalities after the promulgation of this Court’s July 30, 2013 decision. Consequently, these discussions may violate the sub judice rule,” read the ruling penned by Associate Justice Marlene Gonzales-Sison.

The CA stressed that restriction applies not only to the parties in the pending case but also to the public in general, “which necessarily includes the media.”

Justice’s inhibition under study

Meanwhile, the CA said an urgent motion seeking the inhibition of Sison from the case is already submitted for resolution.

Taguig Mayor Lani Cayetano sought Sison’s inhibition due to the association of the justice’s husband with Vice President Jejomar Binay, the father of Makati Mayor Jejomar Erwin Binay.

Cayetano said the justice is married to lawyer Casimiro Sison, a former prosecutor who ran and won a seat in Manila’s city council under the United Nationalist Alliance. One of UNA’s leaders is the Vice President.

The pending case in the CA involves a motion filed by Taguig seeking reconsideration of the CA ruling last July 30 transferring the disputed Fort Bonifacio to jurisdiction and control of Makati City.

In the assailed ruling, the CA has declared as constitutional Presidential Proclamation No. 2475 issued by the late strongman Ferdinand Marcos in 1986 and Proclamation No. 518 issued by the late former President Corazon Aquino in 1990, which both declared Fort Bonifacio as covered by jurisdiction of Makati City.

It reversed a July 2008 ruling of the Pasig City regional trial court (RTC) that awarded to Taguig City territorial jurisdiction over the 729-hectare property covering the seven military barangays and inner Fort barangays, including the high-end Bonifacio Global City.