CA: Pateros has no claim on BGC

MANILA, Philippines - The Court of Appeals (CA) has affirmed the dismissal of the Pateros municipal government to join the tug-of-war of the cities of Makati and Taguig over the Fort Bonifacio district, including the high-end Bonifacio Global City.

In a 13-page decision released yesterday, the CA’s Ninth Division upheld the ruling of the Pasig City regional trial court dismissing the petition of Pateros for judicial declaration and confirmation that certain parcels of the business district are within its territorial jurisdiction.

The CA stressed that the RTC was correct in not exercising jurisdiction over the subject matter of the case, due to the failure of the municipality of Pateros to comply with Sections 118 and 119 of the Local Government Code. 

Section 118 mandates that boundary disputes involving a component city or municipality on the one hand and a highly urbanized city on the other, shall be jointly referred for settlement to the respective councils.  

Section 19, on the other hand, provides that any party may elevate the decision of the councils concerned to the regional trial court with jurisdiction over the area in dispute. 

The ruling, penned by Associate Justice Magdangal de Leon, said the resolutions filed with the court “reflect unilateral acts of the Sangguniang Bayan (municipal council) of Pateros.”

Associate Justices Jane Aurora Lantion and Victoria Isabbel Paredes concurred in this ruling. 

Pateros is claiming ownership over seven barangays – Cembo, South Cembo, West Rembo, East Rembo, Comembo, Pembo and Pitogo – with an aggregate area of 3,044,568 square meters.

These barangays have been declared as part of Makati’s territory by virtue of Proclamations 2475 and 518 issued on Jan. 7, 1986 and Jan. 31, 1991 by former Presidents Ferdinand Marcos and Corazon Aquino, respectively. 

The Taguig City government is also claiming these barangays, based on its complaint filed against Makati on Sept. 21, 1993 with the CA. The complaint is pending with the CA.

In July 2013, the CA’s Sixth Division ordered the transfer of jurisdiction of the Fort Bonifacio district from Taguig to Makati. 

Taguig Mayor Lani Cayetano appealed the ruling, but the CA has yet to issue a ruling on that case.