THE Office of the Court Administrator (OCA) yesterday said a writ of execution must first be secured by Taguig City for it to implement the transfer of jurisdiction of 10 barangays from Makati City affected by the Supreme Court’s ruling on the territorial dispute between the two cities.
Court Administrator Raul Villanueva issued the clarification in response to the the query of Makati Regional Trial Court Branch 64 Executive Judge Gina Bibat-Palamos and amid the escalating word war between Makati and Taguig cities over the ownership of infrastructures, including schools, in the said barangays.
Makati City Mayor Abigail Binay has said Taguig authorities have failed to secure a writ of execution from the High Court that would explain the ruling and the technicalities associated with issues such as ownership of schools.
In her July 25 query, Bibat-Palamos said she brought up the issue with the OCA after concerns were raised before her office regarding the jurisdiction of pending cases whose venues are affected by the SC ruling.
To recall, the High Court’s Third Division issued a statement in April this year that it will not entertain any further pleadings, motions, letters or other communications in connection with the territorial dispute as it has made an entry of judgment on the issue.
Prior to this, it affirmed with finality last September 28, 2022 its December 1, 2021 decision declaring that the contested land is part of the territory of Taguig City.
The assailed 2021 decision permanently barred Makati City from “exercising jurisdiction over, making improvements on, or otherwise treating as part of its territory” Parcels 3 and 4, which comprises Fort Bonifacio and including the so-called Inner Fort comprising of Barangays Pembo, Comembo, Cembo, South Cembo, West Rembo, East Rembo and Pitogo.
The Philippine Army headquarters, Navy installation, Marines’ headquarters, Consular area, Jusmag area, Heritage Park, Libingan ng mga Bayani, AFP Officers Village and the so-called six villages are situated in the said areas.
“As an initial assessment, the decision of the Supreme Court’s Third Division should be the subject of a Writ of Execution before the trial court of origin. When the said writ has been implemented by the Department of Interior and Local Government, then that is the reckoning period for the transfer of jurisdiction of cases emanating from the Fort Bonifacio Military Reservation, consisting of Parcels 3 and 4, from Makati City to the City of Taguig,” Villanueva said in reply to Bibat-Palamos’ query.
Villanueva added that until then, “all cases currently filed and pending before the first and second level courts in Makati City should continue to be tried, heard and decided by the said courts.”
Makati City Administrator Claro Certeza said the OCA’s response cleared the confusion on the issue and set a clear path forward by delineating the steps to be taken before any jurisdictional transfers can proceed.
Certeza appealed to Taguig City authorities led by Mayor Lani Cayetano to adhere to the rule of law to avoid confusion, especially among parents and students in the barangays affected by the SC ruling.
Fourteen schools in the EMBO barangays are affected by the ruling, namely Makati Science High School, Comembo Elementary School, Rizal Elementary School, Pembo Elementary School, Benigno “Ninoy” Aquino High School, Tibagan High School. Fort Bonifacio Elementary and High School, Pitogo Elementary and High School, Cembo Elementary School, East Rembo Elementary School, West Rembo Elementary School, and South Cembo Elementary School.
Earlier, Binay proposed a status quo arrangement with Taguig wherein Makati would continue its services in the affected schools to alleviate the worries of parents and avoid disruption in school preparations for the opening of classes on August 29.
Binay said the city also offered to provide free school supplies to students in the affected schools, but Taguig rejected the proposal.
In an interview with ABS-CBN News Channel, Binay said Taguig authorities have failed to secure a writ of execution from the SC, particularly on the ownership of schools and other infrastructures built by Makati in the said barangays..
“Ang status ay hindi pa rin kumukuha ng writ of execution ang Taguig. ‘Yun ang isang status, na lahat ng national agencies pati kami ‘yun ang hinihingi namin kasi sa writ of execution, doon ilalatag anong responsibilidad ang ibibigay sa kanila. Kapag nakita mo kasi ‘yung decision sa Supreme Court, sinabi lang na ang 3 and 4 sa Taguig. Ganun lang siya, sobra siyang general (Taguig has yet to get a writ of execution. Not only us but even national agencies are looking for the writ since it would spell out the responsibilities. The Supreme Court ruling just said Parcels 3 and 4 are for Taguig, so it is a very general ruling),” Binay said.
“Kahit nga sa case ng eviction, ejectment case, kumukuha ka ng writ of execution at humihingi ka ng tulong sa sheriff kahit ikaw ‘yung may-ari ng property (Even in eviction, ejectment cases, you still need to get a writ of execution and you also ask for sheriff’s assistance even if you are the owner of the property),” she added.
Binay also noted the SC decision only tackled territorial jurisdiction and not the issue of ownership.
“To be clear, Parcels 3 and 4 ay (is) Taguig but the Supreme Court decision was only talking about boundaries,” she insisted.
Binay also said the schools were on lands procured by the Makati city government using its own funds and not from the Department of Education.
“Those are all city government properties. It is not even funded by DepEd. The DepEd has no usufruct. It is from pure generosity that we are providing this service. Kaya nagtataka ako paano sila tumalon from territory to ownership, (That is why I am puzzled why they shifted from territory to ownership),” she added.
Cayetano earlier denied that TaguigCity is forcibly taking over public schools in the said barangays formerly under the jurisdiction of Makati.
She said DepEd-National Capital Region has issued a memorandum order that transferred the management and supervision of the affected schools from the DepEd Division of Makati to the Division of Taguig and Pateros.
Cayetano also allayed the concerns of parents and students in the said schools, adding the city government will also provide the same services that were provided them by Makati such as free school supplies.
