MANILA – The City of Makati on Thursday filed a motion before the Taguig Regional Trial Court (RTC) Branch 153 seeking a status quo order regarding its territorial dispute with neighboring Taguig City.
In an eight-page motion, Makati City Mayor Mar-len Abigail Binay said that despite a Supreme Court (SC) decision, a writ of execution is first needed for the tribunal's decision and that guidelines must be issued on the metes and bounds of two parcels of property covered by the ruling.
The SC, in a decision dated Dec. 1, 2021, ruled that the Fort Bonifacio Military Reservation, consisting of Parcels 3 and 4, is confirmed to be part of the territory of the City of Taguig.
After the SC ruling, the records of the case were remanded to Taguig for implementation.
In seeking a status quo order from the RTC, Makati argued that "the dispositive portion of (SC case decision) GR No. 235316 did not mention the exact metes and bounds of Parcels 3 and 4."
Makati's lawyers claim "there is now an urgent need for this Honorable Court (Taguig Court) to issue guidelines and/or clarification on the proper and orderly implementation of said (SC) decision.”
It also said the SC ruling "did not expressly order any part thereof to be immediately executory" but that "the City of Taguig has been attempting to unilaterally and arbitrarily implement the Decision dated 1 December 2021 based on its whims and caprices."
The case arose from a complaint filed by the City of Taguig against the City of Makati in connection with its territorial dispute over the areas comprising the Enlisted Men's Barrios (EMBOs) and the entirety of Fort Andres Bonifacio.
On Dec. 1, 2021, the court’s 3rd Division denied the City of Makati’s Petition for Review on Certiorari and reinstated with modification the July 8, 2011 decision of the RTC of Pasig.
On Sept. 28, 2022, the Court denied with finality the City of Makati’s motion seeking reconsideration of the Dec. 1, 2021 decision and to refer the case to the court en banc.
It explained that the basic issues raised have been duly considered and passed upon by the court division in its decision, and added that the court en banc is not an appellate court to which decisions or resolutions of a Division may be appealed.
In June, the SC turned down the City of Makati’s second motion for reconsideration. (PNA)
