May 20, 2023 The Final Verdict G.R. No. 235316
"Through the centuries, men of law have been persistently concerned with the resolution of disputes in ways that enable society to achieve its goals with a minimum of force and maximum of reason." (Archibald Cox)
After almost 30 years, on April 4, 2023, the Supreme Court has put an end to the land dispute between the city governments of Makati and Taguig, a territorial dispute over the areas comprising the Enlisted Men's Barangays (EMBOs) namely Barangays Cembo, South Cembo, Comembo, East Rembo, West Rembo, Pembo, and Pitogo and the Inner Fort in Fort Andres Bonifacio (Fort Bonifacio), formerly known as Fort William McKinley (Fort McKinley) where the Bonifacio Global City (BGC) Complex is situated. The High Court ruled that the disputed properties are within the territorial jurisdiction of Taguig City.
The protracted legal battle was actually brewed in March 1992, when then-President Corazon Aquino created the Bases Conversion and Development Authority (BCDA) through Republic Act no. 7227. Months after, in December 1992, President Fidel Ramos, Aquino's successor, placed certain portions of Fort Bonifacio under the administration of the BCDA.
The Legal Battle Begins
The first shot was fired on November 22, 1993, when the Municipality of Taguig, now City of Taguig, (Taguig) filed a Complaint before the Regional Trial Court (RTC) of Pasig against the Municipality of Makati now City of Makati (Makati), former Executive Secretary Teofisto P. Guingona, Jr., former Department of Environment and Natural Resources Secretary Angel Alcala, and former Land Management Bureau Director Abelardo Palad, Jr., docketed as Civil Case No. 63896 and denominated as "Judicial Confirmation of the Territory and Boundary Limits of [Taguig] and Declaration of the Unconstitutionality and Nullity of Certain Provisions of Presidential Proclamations 2475 and 518, with Prayer for Writ of Preliminary Injunction and Temporary Restraining Order."
The complaint was initiated because of Presidential Proclamations Nos. 2475 and 518, which transferred to the City of Makati certain parts of Fort Bonifacio that were allegedly within the boundary of the Municipality of Taguig.
In said complaint, Taguig averred, among others, that the areas comprising the Enlisted Men's Barangays (EMBOs) and the Inner Fort in Fort Andres Bonifacio (Fort Bonifacio), formerly known as Fort William McKinley (Fort McKinley), were within its territory and jurisdiction.
The Philippine Army headquarters, Navy installation, Marines' headquarters, Consular area, Joint US Military Advisory Group area, Heritage Park, Libingan ng mga Bayani, Armed Forces of the Philippines Officers Village, and seven villages are situated in the said areas.
The Regional Trial Court, in July of 2011, after 18 years, ruled in favor of Taguig. The RTC's Decision was appealed to the Court of Appeals which also favored Taguig in its Resolutions in 2017, thus, Makati elevated the case to the Supreme Court via Petition for Review on Certiorari.
The Final Verdict:
"Considering the historical evidence adduced, cadastral surveys submitted, and the contemporaneous acts of lawful authorities, we find that Taguig presented evidence that is more convincing and worthier of belief than proffered by Makati. Consequently, we rule that Taguig has a superior claim to the disputed areas," the High Court said.
In its December 1, 2021 Decision, the Court denied the Petition for Review on Certiorari filed by the City of Makati that assailed the Resolution dated March 8, 2017 and the Resolution dated October 3, 2017 of the Court of Appeals.
The High Court reinstated with modification the July 8, 2011 Decision of the Regional Trial Court (RTC) of Pasig as follows:
Fort Bonifacio Military Reservation, consisting of Parcels 3 and 4, Psu-2031, is confirmed to be part of the territory of the City of Taguig;
The Writ of Preliminary Injunction dated August 2, 1994 issued by the RTC of Pasig, explicitly referring to Parcels 3 and 4, Psu-2031, comprising Fort Bonifacio, be made PERMANENT insofar as it enjoined the Municipality, now City of Makati, from exercising jurisdiction over, making improvements on, or otherwise treating as part of its territory, Parcels 3 and 4, Psu-2031, comprising Fort Bonifacio; and
Ordering City of Makati to pay the costs of the suit.
And to finally settle this long legal battle, the Court in a two-page Resolution dated September 28, 2022, thru the Court's Special Third Division denied with finality the Makati City government's omnibus motion for reconsideration of the Court's December 1, 2021 Decision, on the ground that the basic issues raised therein have been duly considered and passed upon by the Court in the assailed Decision.
The Court also denied Makati City's omnibus motion to refer the instant case to the Court En Banc, as the Court En Banc is not an Appellate Court to which decisions or resolutions of a Division may be appealed.
The Court likewise said that no further pleadings, motions, letters or other communications shall be entertained in this case, as it ordered the immediate issuance of an entry of judgment.
