Sunday, January 19, 2020

Makat–Taguig–Pateros boundary dispute

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[[File:Bonifacio Global City contested between Taguig and Makati.svg|thumb|Contested territory between [[Makati]] and [[Taguig]] which includes Bonifacio Global City]]

The territorial extents of the cities of [[Makati]] and [[Taguig]], and the municipality of [[Pateros]] is disputed by their local governments particularly the Fort Bonifacio area which includes the financial district of [[Bonifacio Global City]].

Taguig has administration over [[Bonifacio Global City]] and some territory to its south as part of its [[Fort Bonifacio (barangay)|Fort Bonifacio]] barangay. Makati claims this area to be under the jurisdiction of its [[Post Proper Northside, Makati|Post Proper Northside]] and [[Post Proper Southside, Makati|Post Proper Southside]] barangays. Pateros claims control the so-called Cembo barangays of Makati and some barangays under Taguig. Pateros claim includes the Bonifacio Global City.

==Background==
The city governments of [[Makati]] and [[Taguig]] have recently fought over the jurisdiction of Fort Bonifacio because of the area's growth potential. A portion of the base, including the Libingan ng mga Bayani and the American Cemetery, lies within Taguig, while the northern portion where the Global City development is centered was considered part of Makati. A 2003 ruling by a judge in the Pasig Regional Trial Court upheld the jurisdiction of Taguig over the entirety of Fort Bonifacio, including the Bonifacio Global City and Pinagsama.<ref>[https://ift.tt/2NI51Nz Supreme Court E-Library - G.R. NO. 168781: CITY OF Taguig, PETITIONER, VS. THE HON. JUDGE BRICCIO C. YGAÑA, PRESIDING JUDGE, REGIONAL TRIAL COURT, PASIG CITY, BRANCH 153, AND MUNICIPALITY OF TAGUIG, RESPONDENTS DECISION], elibrary.supremecourt.gov.ph; accessed July 9, 2015.</ref>

===Ruling===
The Supreme Court on June 27, 2008 per [[Leonardo Quisumbing]], dismissed the suit of the [[Makati]], seeking to nullify Special Patents 3595 and 3596 signed by [[Fidel Ramos]] conveying to the Bases Conversion and Development Authority public land in Fort Bonifacio, [[Taguig]] City. Due to a pending civil case filed by the Taguig City government asking the court to define its territorial boundaries, Makati cannot halt Taguig from collecting taxes on land located in Fort Bonifacio because it does not have any other sufficient source of sufficient income.<ref></ref><ref>[https://ift.tt/30zScKa ''Pateros v Taguig'', G.R. No. 163175, June 27, 2008] supremecourt.gov.ph</ref><ref>[https://ift.tt/2sKTgyA Court rules against Taguig in property dispute case], inquirer.net; accessed July 9, 2015.</ref>

===Reclaim by Pateros===
The municipality of [[Pateros, Metro Manila|Pateros]], the only municipality in [[Metro Manila]] and located near Fort Bonifacio, claims that its original land area was not its present land area of 210 hectares (2.10&nbsp;km<sup>2</sup>) but 1,040 hectares (10.4&nbsp;km<sup>2</sup>) including Fort Bonifacio, particularly Barangays Comembo, Pembo, East Rembo, West Rembo, Cembo, South Cembo and Pitogo which are now part of Makati City and Bonifacio Global City, Aranai, Ususan and Palar, Pinagsama which was made part of Taguig, based on documents and official maps obtained from some libraries and offices including USA Library of Congress and USA Archives. ("Susi ng Pateros Newsletter", 2000)

Pateros' decrease in territory was accounted to a cadastral mapping in Metro Manila conducted in 1978. The late Pateros Mayor Nestor Ponce challenged the map through an objection letter dated June 23, 1978. In January 1986, former President Ferdinand Marcos issued Proclamation No. 2475 which stated that Fort Bonifacio is in [[Makati]] and it's open for disposition. Because of that, a boundary dispute arose which moved Pateros to request a dialogue about that with then Municipal Council of [[Makati]] in 1990. Pateros also filed a complaint against Taguig at the Makati RTC in 1996 but the trial court dismissed the case for lack of jurisdiction. The case was moved to the Court of Appeals in 2003, but was denied. The same case was moved to the Supreme Court in 2009, and it was denied again.<ref>"Susi ng Pateros Newsletter", 2009.</ref>

===Supreme Court Decision===
The Supreme Court, on June 16, 2009, per Antonio Eduardo B. Nachura denied Pateros’ petition against Taguig but ruled out that the boundary dispute should be settled amicably by their respective legislative bodies based on Section 118(d) of the Local Government Code.<ref>Panaligan, R. 2009, June 22. [https://ift.tt/1fkO0xP "SC wants Ft. Bonifacio land dispute settled amicably"]Liquid error: wrong number of arguments (given 1, expected 2),
Liquid error: wrong number of arguments (given 1, expected 2) mb.com.ph; accessed July 9, 2015.</ref> Pursuant to the decision, Pateros invited Taguig to a council-to-council dialogue on October 8, 2009. Four meetings were held and at the fourth dialogue on November 23, 2009, a joint resolution was made stating that Taguig is requesting a tripartite conference between Pateros, [[Taguig]] and [[Makati]].Liquid error: wrong number of arguments (given 1, expected 2)

===Court of Appeals Decision===
On August 5, 2013, after just a year and a half, the 20-year-long battle was decided in a 37-page decision that was written by Justice Marlene Gonzales-Sison of the Court of Appeals. It says that jurisdiction over Fort Bonifacio has reverted to Makati from Taguig. The Court upheld the constitutionality of Presidential Proclamations 2475 and 518, both of which confirmed that portions of the aforementioned military camps are under the jurisdiction of Makati. The decision also cited the fact that voters from the barangays that are subject of the dispute between Makati and Taguig have long been registered as voters of Makati, thus bolstering the former's jurisdiction over Fort Bonifacio. However, Taguig Mayor Lani Cayetano maintained that this decision was not yet final and executory, and asked Justice Gonzales-Sison to recuse from the case as it was discovered that her family has close ties with the Binays of Makati.Liquid error: wrong number of arguments (given 1, expected 2)

===Status quo remains===
On August 22, 2013, the Taguig city government filed a Motion for Reconsideration before the Court of Appeals's Sixth Division affirming its claim on Fort Bonifacio.<ref></ref> With the filing of the said Motion for Reconsideration, Taguig's jurisdiction forces itself over Fort Bonifacio. According to Taguig's legal department, jurisprudence and the rules of procedure in the country's justice system all say that the filing of a motion for reconsideration suspends the execution of a decision and puts it in limbo.Liquid error: wrong number of arguments (given 1, expected 2)

===Supreme Court's Second Decision===
On August 1, 2016, in a 27-page decision by the Second Division of the Supreme Court, the decision sought Makati government found guilty of direct contempt for abusing the legal processes over the jurisdiction of BGC.<ref></ref>

===Final decision, recognition of Taguig's jurisdiction===
On October 3, 2017, the Court of Appeals upheld its final decision in favor of the city government of Taguig and not Makati. The SC also sought Makati guilty of forum shopping after simultaneously appealing the Pasig RTC ruling and filing a petition before the CA, both seeking the same relief.<ref></ref><ref></ref>

==References==


[[Category:Internal territorial disputes of the Philippines]]
[[Category:Bonifacio Global City|Boundary dispute]]
[[Category:History of Metro Manila]]


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