THE Court of Appeals (CA) has declared that some parts of Fort Andres Bonifacio fall within the territorial jurisdiction of Makati City.
In a 37-page decision penned by Justice Marlene Gonzales-Sison and concurred in by Justices Hakim Abdulwahid and Edwin Sorongon, the CA’s Sixth Division granted the appeal filed by Makati City in connection with a dispute involving 729.15 hectares of the cited property.
The CA, in deciding the said appeal, declared Presidential Proclamation 2475 and Proclamation 518 as constitutional and valid.
The cited issuances transferred to the City of Makati certain parts of Fort Bonifacio that were allegedly within the jurisdiction of the then Municipality of Taguig, despite the absence of authority on the part of the President and without the benefit of a plebiscite as required by the Constitution.
The CA set aside the decision and order rendered in favor of Taguig by Branch 153 of the Regional Trial Court (RTC) of Pasig City in 2011.
The territorial dispute started in November 1993 when the City of Taguig filed a complaint before the lower court that asked it to declare the area to be within its jurisdiction.
In its ruling, the CA dismissed “the complaint of Taguig for lack of merit and [confirmed]that the disputed area comprising of the Embo Barangays and Inner Fort Barangays [Barangay Post Proper Northside and Barangay Post Proper Southside] in Fort Bonifacio are within the territorial jurisdiction of the Makati City.”
According to the appellate tribunal, Taguig deliberately failed to mention that the Embo Barangays, as well as the Inner Fort Barangays already existed prior to the enactment of Republic Act (RA) 3590.
Thus, the court held that these barangays automatically fell within the coverage of the provisions of RA 3590 without the need of being recreated under the said law.
The court lifted “the preliminary injunction issued by the lower court against Makati by its order dated 15 July 1994, as modified by the [CA] in resolution dated 11 September 1995[.]”
It also ordered Taguig “to immediately cease and desist from exercising jurisdiction within the disputed area and return the same to Makati; and [ordered it]to pay the cost of suit.”