The Supreme Court’s decision in the Makati v. Taguig case, along with its subsequent resolutions, sparked significant controversies among the officials of both cities. To fully grasp the decision, let’s start with the facts. On July 8, 2011, the Regional Trial Court of Pasig (Branch 153 presided by Judge Briccio C. Ygaña) ruled that the Fort Bonifacio Military Reservation, specifically Parcels 3 and 4, Psu-2031, is confirmed as part of Taguig’s territory. The court also made the preliminary injunction permanent, prohibiting Makati from exercising jurisdiction or making improvements on Parcels 3 and 4.
These disputed parcels comprise ten barangays, including Pembo, Comembo, Cembo, South Cembo, West Rembo, East Rembo, Pitogo, Rizal, Post Proper Northside, and Post Proper Southside. These areas are known as political strongholds of the Binay family, former vice president Jejomar Binay’s family. Several public schools, the Ospital ng Makati, the Makati Science High School, the Fort Bonifacio High School, the Makati City Jail, as well as police and fire stations, are also located in the area. These facilities were built, funded, and/or maintained by Makati.
After various legal battles in multiple RTC branches and appeals to the Court of Appeals, the CA’s Special Former Sixth Division issued two resolutions on March 8, 2017, and October 3, 2017, dismissing Makati’s appeal. Makati then took the case to the Supreme Court, which unfortunately upheld the lower courts’ rulings.
While the Supreme Court determined that the disputed parcels were part of Taguig’s territory and enjoined Makati from exercising jurisdiction, making improvements, or considering them as part of its territory, it did not specify ownership. The Court simply affirmed Taguig’s governance powers and functions, including the authority to impose taxes, issue permits and licenses, and receive a share in government revenues. The ruling did not affect the functions and responsibilities of the national government. Therefore, the Department of Education, through its regional offices, still exercises authority over the schools in the area. Vice President and Secretary of Education Sara Duterte, Interior Secretary Benhur Abalos, and Health Secretary Teodoro Herbosa must continue fulfilling their respective duties in the disputed region.
Changes in political boundaries do not impact proprietary rights. Ownership titles to real estate and other properties remain unchanged. If Makati possesses Torrens Certificate of Titles for the land and facilities it claims to own, its ownership rights persist, as asserted by Makati Mayor Abby Binay. The political rights of the residents in these parcels are also unaffected. Their voting rights and eligibility for candidacy remain the same. The Commission on Elections (Comelec) can address confusion by issuing rules stating that registered voters do not need to re-register for the upcoming barangay elections. Candidates who have filed their certificates of candidacy do not need to submit new ones unless they are running for a barangay in Taguig. The Comelec can utilize the same precincts and polling places that were prepared prior to the Court’s decision.
I don’t claim to have ultimate power or knowledge, but I offer humble suggestions on how to minimize unnecessary controversies arising from the Court’s decision. With patience, reason, and logic, these controversies can be resolved without confrontation and confusion. Lastly, I implore the victors to exercise humility and the vanquished to accept the outcome gracefully, not only in this case but also in any other litigation.
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