THE Supreme Court has put an end to the territorial dispute between Makati and Taguig dating back to the 1990s over the Fort Bonifacio Military Reservation, or what has become known as Bonifacio Global City, ruling that it belongs to Taguig City.
Taguig filed a complaint before the Pasig City Regional Trial Court in 1993 claiming the areas comprising the Enlisted Men’s Barangays (EMBOs) and the entire Fort Andres Bonifacio area are part of its territory. Makati, however, insisted those areas were part of its territory.
Makati also argued that Taguig only filed its claim in 1993 in anticipation of the privatization of Fort Bonifacio, which it said would generate billions of pesos in taxes to the local government.
“After sifting through the voluminous records and the numerous issues raised by both parties, we are convinced that Taguig was able to prove by preponderance of evidence its claim over the disputed area. In arriving at this decision, we considered historical evidence, maps, cadastral surveys and the contemporaneous acts of lawful authorities,” the SC ruling penned by Associate Justice Ricardo Rosario said.
Concurring with the ruling were Associate Justices Marvic Leonen, Rosmari Carandang, Rodil Zalameda and Jose Midas Marquez.
The ruling was promulgated on December 1, 2021 but was only made public yesterday. The SC also ordered Makati to pay the cost of the suit.
In July 2011, Pasig RTC Branch 153 Judge Briccio Ygana ruled in favor of Taguig. The RTC also stopped Makati from exercising jurisdiction and making any improvements on the area, as well as treating the contested area as part of its territory.
Makati contested the ruling but Branch 153 Judge Leile Cruz Suarez, who replaced Ygana after his retirement, also junked Makati’s petition. Makati elevated the case to the Court of Appeals, questioning Ygana’s decision on the ground that it was rendered after he retired from office.
In 2013, the CA’s Special Former Sixth Division ruled in Makati’s favor, saying the RTC erred in admitting evidence submitted by Taguig in the territorial dispute. The CA said the evidence were not properly identified and authenticated.
Taguig, however, elevated the territorial dispute case to the SC, which ruled in its favor.