Supreme Court


August 18, 2023 People's Journal 117 views

Taguig: Writ of execution, unnecessary to implement jurisdiction change; Supreme Court ruling self executing

MAKATI City is courting contempt of court charges with its continued refusal to abide by and implement the final ruling of the Supreme Court on the territorial jurisdiction of the Fort Bonifacio Military Reservation, the Taguig local government pointed out.

In a statement posted via its Facebook page, the Taguig City LGU said the final and executory order of the Supreme Court does not need a Writ of Execution to be implemented as an injunction that has been made permanent and has attained finality is immediately executory.

The supreme court has earlier ruled that the disputed territory is well within the jurisdiction of Taguig.

Saying the dispositive portion of the Supreme Court’s final decision is clear and unambiguous, Taguig pointed out that “The nature and tenor of the permanent injunction against Makati does not require a writ of execution for the decision to be implemented”.

Hence, Taguig believes that the supposed “initial assessment” from the Office of the Court Administrator (OCA), circulated by Makati, has no legal bearing at all and cannot be used as a basis to delay the implementation of the Supreme Court’s final decision.

The said assessment, addressed to the Executive Judge of RTC Makati, states that the Supreme Court’s ruling “should be subject of a writ of execution before the trial court of origin”.

“Being a mere opinion, this statement does not have the force of law and does not bind Taguig. SC itself doesn’t issue opinions. How can OCA issue one? In fact, SC simply noted a similar query from DILG” said the statement from the Taguig LGU.

It added that the said opinion is already beyond the OCA’s legal authority whose power is limited to “routine administrative matters where the Supreme Court has laid down guiding policies”

“The matter relating to Taguig exercising its rights as the winning party involves a judicial adjudication. It is definitely not a “routine administrative matter,” the Taguig LGU said.

Taguig believes that OCA’s opinion is inconsistent with the very nature and tenor of the high court’s ruling which is self-executing.

“The opinion thus unfortunately encourages delay and even defiance, instead of respect and immediate voluntary compliance, with final and executory judgments of the Supreme Court,” Taguig said.

It also cited a jurisprudence which can serve as a basis of the implementation of court’s ruling on Taguig-Makati territorial dispute.

Taguig referred to the response set by the high court ruling in Camarines Norte vs Province of Quezon where it commended the COMELEC, the DBM, the DOF, and the DENR for recognizing the Supreme Court’s decision holding the disputed nine barangays therein as part of Camarines Norte’s jurisdiction. The court, in the same ruling, has held in contempt officials of Quezon Province for disregarding the finality of the decision.

With this, Taguig said it is bent on “pursuing all legal remedies against those who act to frustrate, obstruct, delay, or defy and contribute to or abet the defiance or delay in the implementation of the Supreme Court’s Decision”.

It can be recalled that SC has denied twice Makati’s attempt to have the decision reconsidered.