THE Supreme Court (SC) yesterday shut down all efforts of the city government of Makati to revive its territorial dispute with Taguig City over the Fort Bonifacio Military Reservation, including the 729-hectare Bonifacio Global City, as it ruled to no longer entertain any pleadings, motions, letters or other communications in connection with the case.
SC spokesperson Brian Keith Hosaka made the statement after the Makati City government, through legal counsel and spokesperson Don Camina said it has filed an omnibus motion asking the High Court to hear the case en banc.
Camina said the legal remedy is provided under Section 3, Rule 2 of the SC Internal Rules.
“We believe that the decision involves constitutional issues that need to be addressed by the entire court. Not only will the decision have far-reaching consequences on the operation and stability of businesses in the affected areas, it could also prejudice the right to vote and the access to vital social services of both Makati and Taguig residents,” Camina argued.
The city government filed the pleading in reaction to a September 2022 ruling of the SC, which was only made available to the public late Monday night.
The High Court, in the said decision, affirmed with finality its December 1, 2021 declaring that the contested land is part of the territory of Taguig City.
Hosaka said the SC’s Special Third Division has already ordered the entry of judgment after it affirmed with finality its 2021 ruling.
Hosaka said the case before the Court en banc was also denied by the SC Third Division, as he noted that “the Court en banc is not an Appellate Court to which decisions or resolutions of a Division may be appealed.”
“The omnibus motion filed by the Petitioner to refer the case to the court en Banc was also denied in the said Resolution dated Sept. 28, 2022,” Hosaka said.
He said as ordered in the resolution, the Entry of Judgment was issued on the same date.
In the two-page resolution made public on Monday, the SC’s Special Third Division dismissed the motion for reconsideration filed by the Makati City government seeking the reversal of its December 1, 2021 favoring the Taguig City government in the territorial dispute case.
The assailed 2021 SC decision penned by Associate Justice Ricardo Rosario said that “the contested areas based on historical, documentary and testimonial evidence, indeed fall within the territorial jurisdiction of Taguig.”
The said ruling also “enjoined” Makati from exercising jurisdiction over, making improvements on, or otherwise treating as part of its territory, the area comprising Fort Bonifacio.
In a statement, the city government of Taguig said the SC ruling is not only a vindication of its rights but is an “opportunity to expand our brand of committed public service to new constituents.”
“The end of this legal dispute marks the beginning of a new chapter for Taguig and its people. Our victory in the courts of law is not merely a vindication of our rights. It is equally a command for us to make good use of this once-in-a-lifetime opportunity to expand our brand of committed public service to new constituents. We welcome our new Taguigueños with this solemn promise,” it said.
