The Taguig City government is eyeing the takeover of the 729-hectare Fort Bonifacio Military Reservation from Makati City’s jurisdiction, including the Bonifacio Global City (BGC) complex and several barangays which the Supreme Court (SC) earlier declared as part of Taguig.
Taguig Mayor Lani Cayetano made the disclosure as she officially asked SC to direct Makati City Mayor Abigail “Abby” Binay to show cause why she should not be sanctioned for her “improper conduct” in connection with her recent pronouncements about their territorial dispute.
Meanwhile, Makati City administrator Claro Certeza, speaking on behalf of his boss who is currently in London, said they have not seen a copy of the Taguig mayor’s manifestation…
Cayetano personally led the filing of an extremely urgent manifestation with motion ad cautelam against Binay.
“Wherefore, respondent City of Taguig most respectfully prays that the Honorable Court grant leave and admit this manifestation with motion and, after due consideration, require petitioner City of Makati and Mayor Abigail Binay to show cause why they should not be sanctioned,” the manifestation read.
The Taguig government was referring to Binay’s “troubling” claim in media interviews that they received an order setting the case involving the Fort Bonifacio Military Reservation areas for a hearing or oral arguments.
Following Binay’s claim, Cayetano said Taguig’s legal team went to the SC last June 8 to inquire on the existence of an order or document setting the case for hearing or oral arguments.
The Taguig mayor said lawyer Warren San Jose of Taguig’s Legal Office was able to confirm with the staff of the SC’s Third Division, which is handling the issue, that no such order or resolution has been issued.
However, Cayetano admitted that Binay’s camp has filed a second motion for reconsideration, which is considered a prohibited pleading of the Court’s final ruling on the case issued last April 2023.
“Mayor Binay insinuates that the Honorable Court favorably granted ex parte, at least its prayer for oral arguments when there appears to be no such order or document, and especially because respondent City of Taguig has not even been asked to comment,” the six-page manifestation stated.
“How then can petitioner or Mayor Binay honestly claim that there is an order setting the case for oral arguments when she admitted in her interview that there is yet no action on petitioner’s omnibus motion? By its stories, petitioner City of Makati makes it appear that they have ‘insider information’ not officially available to the public or even to the other parties,” it added.
It also told the Court that it has received some information over the past several days claiming that the Makati government has received the backing of some top government officials in its bid to reopen the land dispute case.
“While such social media post could have been dismissed as nothing more than ‘fake news,’ an interview with Mayor Abigail Binay subsequently surfaced which echoed the same message that the fight is allegedly not yet over, and appeared to support and confirm the social media post on the supposed ‘reopening’ alluded to in the post above,” the manifestation read.
Meanwhile, Cayetano said the Taguig’s transition team, together with concerned government agencies, has started meeting for the smooth and peaceful takeover of the communities covered by the SC ruling.
The mayor added that she is hoping to be able to execute the Court’s within the year.
“Yes of course. We respect the Court’s decision and part of honoring that decision is to ensure that there will be a smooth transition process and we are not about to start it,” Cayetano said when asked if she is eying to assume jurisdiction over the property within the year.
Cayetano said the Taguig government remains open for a dialogue with Makati City officials for the transition process.
Asked how the transition would be implemented without Binay’s cooperation, Cayetano answered: “Well, It’s gonna be unfortunate if Mayor Binay will not cooperate in the transition process but we are already coordinating with other government agencies.”
Cayetano insisted that the Court has written “finis” to the controversy as an entry of judgment has been issued by the Court legally certifying that the decision in its favor has become final and executory.
Last April, the Court’s Third Division issued a statement that it will entertain any further pleadings, motions, letters or other communications in connection with the territorial dispute.
SC Spokesman Brian Hosaka said the Court’s Special Third Division has already ordered the entry of judgment after it affirmed with finality its December 1, 2021 declaring that the contested land is part of the territory of Taguig City.
Hosaka made the clarification after the Makati City government said it has filed an omnibus motion asking the SC to hear the case en banc, a legal recourse that is provided for under Section 2 Rule 2 of the SC Internal Rules.
However, Hosaka said the plea to refer the case before the Court en banc was also denied by the SC Third Division, noting that “the Court en banc is not an Appellate Court to which decisions or resolutions of a Division may be appealed.”
The Court has permanently barred Makati City from exercising jurisdiction over, making improvements on, or otherwise treating as part of its territory” Parcels 3 and 4, Psu 2031, comprising Fort Bonifacio, 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.
Mayor Abby Binay is in London to attend the London Tech Week and attend a garden reception at 10 Downing Street hosted by Prime Minister Rishi Sunak, Certeza said in a statement.
“The city has not seen the supposed petition filed by Taguig. However, we have read a press release prepared for the mayor of Taguig. This is perhaps the first time that a petition has been brought before the Supreme Court on the basis of social media posts with dubious authorship, accuracy and credibility,” the statement read.
“These social media posts invoked by Taguig have made outrageous and irresponsible allegations against the President, the First Lady and the Court itself. They have been ignored by credible media outlets and for good reason. No right thinking lawyer would petition the High Court on the basis of these posts. Yet, Taguig, displaying unfathomable wisdom, has chosen to do so,” it added.
“Regardless, if we are asked to comment by the Supreme Court, we will file our comment,” Certeza said.
