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Friday, May 3, 2024

The Supreme Court has spoken

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“It is very important that all public officials follow the law and respect the decision by the highest court”

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The Supreme Court has decided with finality – Bonifacio Global City and 10 adjacent barangays are under the jurisdiction of Taguig City.

Despite the high court’s final and executory decision, why is Makati City Mayor Abby Binay refusing to recognize the ruling?

They refuse to give up because, political observers say, those areas are the stronghold of her husband, Makati Second District Rep. Luis Jose Campos Jr.

The second district of Makati represented by Campos are 13 barangays, including Cembo, Comembo, East Rembo, Guadalupe Nuevo, Guadalupe Viejo, Pembo, Pinagkaisahan, Pitogo, Post Proper Northside, Post Proper Southside, Rizal, South Cembo and West Rembo.

Of these 13 barangays, 10 were ordered by the Supreme Court to be transferred to the jurisdiction of Taguig, including Cembo, Comembo, East Rembo, Pembo, Pitogo, Post Proper Northside, Post Proper Southside, Rizal, South Cembo and West Rembo.

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In deciding the territorial dispute, the Supreme Court said in its 36-page decision that it carefully considered the “best interest” of the constituents.

The Supreme Court said: “It would thus be an abdication of our duty if we would not look into all facets of the present dispute in coming up with a judicious adjudication of Makati and Taguig’s conflicting factual claims.

“We have to resolve, with finality, the territorial dispute that has gripped both cities for decades, bearing in mind the best interest of the constituents of the affected government units.”

The Supreme Court was clear in its ruling.

It is unfortunate that Binay used the benefits they provide for their constituents so the residents would also oppose the transfer of the BGC and “embo” barangays to Taguig City.

Binay is really bent on defying the order when she said the Supreme Court has scheduled oral arguments on the case.

But there is no truth to this because Supreme Court Spokesman Brian Keith Hosaka himself has clearly denied the high tribunal has issued an order to conduct a hearing on the case.

When the Supreme Court issues a final ruling it becomes part of the country’s jurisprudence and, therefore, part of the law of the land.

It becomes a law that anyone is compelled to follow.

Any violation is met with the appropriate sanction under existing laws.

There is a Latin term which originated in the 11th century as a principle of Canon law and church law, and underscored in the country’s Revised Penal Code, which says “dura lex sed lex.”

This means the law may be harsh but it is still the law.

Lex is opposed to Jus where Lex is a law created by human while Jus is a natural law and “cannot be modified by an act of legislature.”

Perhaps parties to any litigation may well be reminded that local laws are made not just to protect the people but also maintain peace and order in a society.

Some laws might be difficult to obey but everyone must comply because Ignorantia legis neminem excusat (Ignorance of the law excuses no one).

There is another saying “Salus populi est supreme lex” which means “Let the good of the people be the supreme law.”

It is very important that all public officials follow the law and respect the decision by the highest court.

The 30-year territorial dispute between Makati and Taguig has been settled by the SC and decided that the territory in question is under the legal jurisdiction of Taguig based on historical evidence, cadastral survey and contemporaneous acts of lawful authorities or events in the past.

SC Spokesman Hosaka said there has been an Entry of Judgment in Civil Case 63896 where any attempt to revive the territorial dispute by filing any pleadings, letters, motions or any communication related to the case will not be accepted by the Supreme Court.

(The author is a retired executive who worked for three decades in the telecommunications industry)

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