THE Department of Education (DepEd) gave assurance that the August 29 opening of classes will push through in the 14 “EMBO” public schools caught in the territorial tug-of-war between Makati and Taguig cities.
“Yes, of course, precisely,” DepEd Assistant Secretary Francis Bringas said in a GMA News interview.
The Taguig City government has stated that jurisdiction over the Enlisted Men’s Barrios (EMBO) areas, previously part of Makati City, does not require a writ of execution.
On the other hand, Makati Mayor Abigail Binay said Taguig has not secured a writ of execution for the SC ruling favoring Taguig in their dispute, as it would guide their jurisdiction implementation.
Meanwhile, the Philippines National Police (PNP) said it would work on maintaining peace and order amid the ongoing territorial row between Makati and Taguig
“Kaya tayo nag-assume ng authority over these schools para ma-assure ang ating mga parents at mag-aaral na tuloy pa rin ang pago-open natin sa August 29 in the 14 schools,” he added.
Based on a department order, DepEd recognized the “increasing tension” brought about by the Supreme Court ruling on the Makati-Taguig land dispute to the schools, causing “uncertainty as to the peaceful and orderly reopening of schools on August 29, 2023.”
The DepEd said that the Office of Vice President and Education Secretary Sara Duterte, would directly supervise the schools, pending a transition plan on the matter.
In 2021, the Supreme Court (SC) ruled that the Fort Bonifacio Military Reservation was part of Taguig.
The SC had denied Makati’s motion for reconsideration in 2022 and 2023 on the issue.
As a consequence, around 30,000 students coming from the enlisted men’s barrios (EMBO) schools in the 10 barangays that used to be part of Makati were in a quandary over the dispute.
Meanwhile, Bringas said the DepEd was expecting around 28 million students this school year.
In areas that are still flooded due to the inclement weather, he said an alternative mode of classes will be implemented.
For schools with some classrooms still submerged in flood, Bringas said classes will be held by shifts.
Mayor Laarni Cayetano said the SC decision giving Taguig the right to exercise jurisdiction over Fort Bonifacio Military Reservation, consisting of
parcels 3 and 4 of PSU-2031, is self-executing and requires government agencies to voluntarily comply.
She said the decision confirms that the 10 barangays within Parcels 3 and 4 belong to Taguig, and the preliminary injunction against Makati
from exercising jurisdiction over the area is made permanent.
“This decision is final and executory, and Makati is automatically divested of authority over the area. The respective territories of
Taguig and Makati have been defined by law and confirmed by the Supreme Court,” Cayetano said.
The mayor also said the decision was incorporated into their charters, ensuring that the 10 barangays are automatically included in
Taguig’s territory and excluded from Makati’s.
“Makati officials are mandated to faithfully execute the laws of the Philippines, and immediate compliance with the Supreme Court Decision
is demanded by their oaths as public servants and the laws of the Philippines. Government agencies must respect and abide by the final
decision. Why does it not obey?” said Cayetano.
She said a writ of execution is a legal order issued by a court that authorizes the enforcement of a judgment or court decision.
Binay criticized Taguig for claiming ownership over Makati’s facilities, including 14 school buildings. She argued the SC only
addressed territorial jurisdiction and did not transfer ownership to Taguig.
The Makati mayor said school buildings were built using Makati government funds.
The EMBO schools consisted of Makati Science High School, Comembo Elementary School, Rizal Elementary School, Pembo Elementary School, Benigno
“Ninoy” S. Aquino High School, Tibagan High School, Fort Bonifacio Elementary School, Fort Bonifacio High School, Pitogo Elementary
School, Pitogo High School, Cembo Elementary School, East Rembo Elementary School, West Rembo Elementary School, and South Cembo
Elementary School.
The DepEd also formed a Transition Committee composed of the Regional Director (assigned outside of the National Capital Region), the DepEd
Schools Division Superintendent of Taguig-Pateros, the DepEd Schools Division Superintendent of Makati City, and the Legal Officers from
both cities.
The transition committee will prepare a physical inventory of all properties involved and create a final transition plan.
“On the part of the PNP, tayo po ay doon lamang sa maintenance of peace and order na siguraduhin na wala pong mangyayaring anumang gulo
arising from any tension sa magkabilang partido,” PNP spokesperson Col. Jean Fajardo said in a televised public briefing.
Fajardo emphasized that the PNP will not side with any camps and will only implement orders from the Supreme Court (SC).
In 2021, the Supreme Court ruled that the Fort Bonifacio Military Reservation, consisting of parcels 3 and 4, psu-2031, was part of the
territory of Taguig City.
The high court had also denied Makati’s motion for reconsideration in 2022 and 2023 on the matter.
Due to this, Fajardo said some of the areas under Makati City Police Station will be turned over to the Taguig City Police Station.
For a smooth transition, Fajardo said the PNP is planning that at least half of the Makati police personnel will be maintained in the
concerned areas in the meantime to guide Taguig cops who will be designated in their new areas.
Makati City Mayor Abby Binay recently called on the Department of the Interior and Local Government (DILG) to “intervene” and assist in the
transition.
Binay lamented what she described as a “chaotic transition” due to supposed contradicting orders from the police and the Department of
Justice (DOJ).
“Hindi naman siguro kalabisan na mamagitan ang DILG kasi sobrang nagkakagulo ngayon dahil conflicting po yung mga order. Sabi ni police
ganito, sabi ni DOJ ganito. Parang it just creates more problems rather than maging tama at maayos yung transition,” she added.
Interior and Local Government Secretary Benhur Abalos said they would continue discussions with Binay regarding the transition.
Abalos said that DILG agencies actions in connection with the transition would only cover territorial supervision.
He noted that rights or obligations over affected property would depend on the procedures under the law.
“We’re working with the Chiefs of the Philippine National Police (PNP), Bureau of Jail Management and Penology (BJMP), and Bureau of
Fire Protection (BFP) to revise the areas of responsibility and reporting lines of their affected local offices in light of the
decided boundaries.”
“As for specific rights or obligations over affected property, these will be dealt with in accordance with the procedure provided by law.
We will also respect any further court orders in this regard.”