(philstar.com) | Updated March 9, 2017 -
9:37pm
The
CA Special Former Sixth Division upheld Taguig’s rightful ownership of the
hotly contested estate, Bonifacio Global City. BGC/Facebook
MANILA,
Philippines – The Court of Appeals on Wednesday ruled that Taguig City is the
rightful owner of Bonifacio Global City.
In a
17-page resolution penned by CA Associate Justice Edwin Sorongon, the CA
Special Former Sixth Division upheld Taguig’s rightful ownership of BGC.
The
CA granted Taguig’s motion to dismiss
filed last August 23, based on Makati City's violation of the forum shopping
rule, or pursuing simultaneous remedies in different venues.
It
took notice of the Supreme Court’s decision on June 15 that found Makati City
guilty of “willful and deliberate forum shopping.”
"[It]
cannot but draw the conclusion that Makati's simultaneous availment of the
aforementioned reliefs is not a by-product of mere thoughtlessness or
negligence but willful and deliberate act of forum shopping [which] has sowed
conflicts between the courts,” the CA said.
The
CA cited that Makati City has been twice found by the SC to have committed
violations of the forum shopping rule on this specific dispute. However, it
still ruled that the appellate court has to give effect to the "legal
consequence of dismissal" of Makati's petition.
The appellate court also dismissed Makati
City’s petition on the earlier decision of the Pasig Regional Trial Court that
originally ruled in favor of Taguig City.
The
dispute on the ownership of BGC started in 1993 when Taguig filed a case
against Makati before the Pasig Regional Trial Court contending "that the
areas comprising the Enlisted Men's Barangays, or EMBOs, as well as the area
referred to as Inner Fort in Fort Bonifacio, were within its territory and
jurisdiction."
The
RTC ruled in favor of Taguig in July 2011.
Makati
subsequently filed a motion for reconsideration with the Pasig RTC and at the
same time also filed a petition for annulment of judgment with the CA. However,
the MR was eventually denied, which led to filing of an appeal with the CA ,
where its petition for annulment of judgment was already pending.
In a
released statement on Thursday, Taguig City Mayor Lani Cayetano hailed the CA
decision and considered it a victory for Taguigeños.
Despite
the CA ruling, she extended friendship to Makati City.
"Taguig
desires to work with its neighbors. We have common challenges with massive
urbanization. People need our services in planning, infrastructure, health and
education programs, as well as anti-crime and anti-drug campaigns. We can only
solve these problems if we work together," Cayetano said. —Rosette Adel
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