By Edu Punay
(The Philippine Star) | Updated August 6, 2013 - 12:00am
MANILA,
Philippines - Makati has won its appeal against Taguig’s claim over the entire
Fort Bonifacio, including the commercially developed areas within the former
military camp.
The Court of
Appeals (CA) has declared as constitutional Presidential Proclamation No. 2475
of President Ferdinand Marcos in 1986 and Proclamation No. 518 of President
Corazon Aquino in 1990 declaring the 729-hectare Fort Bonifacio within the
jurisdiction of Makati.
It reversed a
2008 decision of the Pasig regional trial court declaring the seven military
barangays and Inner Fort barangays, including the high-end Bonifacio Global
City, within the jurisdiction of Taguig.
The CA lifted
the Pasig court’s 1994 preliminary injunction in favor of Taguig’s claim.
It ordered
Taguig to immediately cease and desist from exercising jurisdiction within the
disputed area and return it to Makati.
The CA said
the presidential proclamations did not alter boundaries but confirmed that Fort
Bonifacio is under the jurisdiction of Makati.
“In fine, by
upholding the validity of Proclamations 2475 and 518, the claim of Makati over
the disputed area becomes undisputed, hence, necessarily, the claim of Taguig
must fail,” read the CA decision.
“We believe
that contrary to the findings of the lower court as between pieces of evidence
presented, Taguig was not able to prove this greater weight of evidence to
merit a favorable decision.”
The CA said
census since 1970 of the seven military barangays indicated that they were
under the jurisdiction of Makati.
Residents
have been voting in the national and local elections as Makati voters, the CA
added.
Proximity-wise,
Makati’s claim is more credible than that of Taguig’s, the CA said.
The CA took
into consideration the delay on the part of Taguig in filing the complaint.
Proclamation
2475 was issued in 1986 and Proclamation 518 in 1990, but Taguig only filed the
complaint in 1993 when the proposed cityhood of Makati was being debated in
Congress.
Makati and
former senator Joker Arroyo welcomed yesterday the CA decision.
Makati
government spokesman Joey Salgado said Makati’s claims on these areas have
historical and legal basis. “We have always maintained that they are part of
Makati and we are glad that the CA has upheld our jurisdiction,” he said.
Bonifacio
Global City, a thriving business and commercial hub, is part of the “Inner
Fort” area, he added.
Arroyo said
the CA could not have made it any clearer when Taguig was ordered to
immediately cease and desist from exercising jurisdiction within the disputed
area and return it to Makati.
“The
appellate court also declared that President Marcos’ proclamation no. 2475 and
President Cory Aquino’s proclamation no. 518, which supported Makati’s position
relative to the disputed areas as constitutional and valid, contrary to Taguig’s
position that they are unconstitutional.”
However,
Taguig City Administrator Joel Montales said the CA ruling was erroneous.
“The disputed
land is Taguig’s,” he said. “The CA decision, with due respect, is erroneous.
We will fight to make sure that the disputed land remains with Taguig. We are
confident that we will ultimately win this fight.”
Makati has
accused Taguig of claiming the whole of the Fort Bonifacio commercial
development without a presidential proclamation and a plebiscite as required
under the Constitution.
The case
arose from a dispute between Makati and Taguig over the military barangays,
comprising of Cembo, South Cembo, East Rembo, West Rembo, Comembo, Pembo and
Pitogo as well as the Inner Fort barangays (Barangay Post Proper Northside and
Barangay Post Proper Southside).
Associate
Justice Marlene Gonzales-Sison wrote the decision.
Associate
Justices Hakim Abdulwahid and Edwin Sorongon concurred. – Edu Punay, Mike
Frialde
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