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TURNOVER, NOT REJECTION

August 20, 2023 People's Journal 165 views

FORMER Press Secretary Trixie Cruz Angeles has concurred with Taguig City’s position that a writ of execution is not needed to implement the transfer of jurisdiction of Embo barangays

This is on the basis that the Makati-Taguig dispute is not an ejectment case and that the Supreme Court’s final ruling is clear — Makati should turnover the disputed territories.

In the vlog post “Luminous,” she discussed the issue between the two cities.

Angeles explained that scrutinizing the 53-page decision of the high court revealed that there is no basis for Makati’s argument that a “transition period” has to take place first

She pointed out that the court gave a very clear order to “stop exercising jurisdiction.” Hence, Makati is legally mandated to turnover the jurisdiction of Embo barangays

Angeles also believed that the opinion obtained by the Makati City from the Office of Court Administrator (OCA) saying that a writ of execution is necessary to implement the takeover has no legal basis.

“Opinyon lang ang inilabas ng OCA, ang pinanghahawakan ng Taguig ay malinaw na desisyon ng Supreme Court,” said Angeles.

She added that a writ of execution is applicable to an ejectment case where an owner of a certain property, despite a favorable court ruling, still has to secure a writ of execution before a tenant can be evicted. However, she pointed out that this is not applicable to Taguig-Makati dispute because it is clearly not an ejection case

Angeles explained that the Supreme Court’s decision is for Makati to immediately “stop exercising jurisdiction” because the Pasig City Regional Trial Court has already issued a Temporary Restraining Order (TRO) at the very beginning of the case.

In the July 8, 2011 decision of Pasig City RTC Branch 153, Presiding Judge Briccio Ygaña ruled in favor of Taguig in a civil case which pertained to the Judicial Confirmation of the Territory and Boundary Limits of Taguig.

The lower court ordered that the Fort Bonifacio Military Reservation including Parcels 3 and 4, Psu-2031, is well within the territory of Taguig.

The decision stated that the Writ of Preliminary Injunction issued in 1994 is permanent.

“Enjoining defendant Municipality, now City of Makati, from exercising jurisdiction over, making improvements on, or otherwise treating as part of its territory, Parcels 3 and 4, Psu-2031 comprising Fort Bonifacio,” the trial court’s ruling stated

According to Angeles, as early as 1994, Makati should have ceased exercising jurisdiction over Embo Barangays because there was already a TRO at the very beginning of the litigation.

“Dahil nga may TRO ang utos ng korte sa Makati ay huwag nyong pakialamanan ang area habang may litigation. Sa umpisa pa lang ay nasa default na ang Taguig dahil kung tutuusin ay mayroon silang jurisdiction din sa

EMBO barangay umpisa pa lang. May upperhand ang Taguig dahil una panalo sila sa kaso, pangalawa ang simple ng SC ruling, everything has to be turn[ed]over to Taguig,” said Angeles

She said if Makati has a question concerning the structures and edifice it has built such as school buildings, hospitals and others, it can pursue a clarificatory petition before the Supreme Court. However, when it comes to the ownership of the territory, it clearly belongs to Taguig

“Sa mga property maaari siguro na may compensation subalit ang Makati ang syang dapat na makipag-ugnayan sa Taguig para sa arrangement. Gaya ng Ospital ng Makati at University of Makati, maaaring ang Makati ang syang magbabayad ng upa dahil nakatirik ang gusali sa lupa na pagmamay ari ng Taguig,” Angeles said.

“In the case of properties, there may be compensation, but Makati should contact Taguig for the arrangement. Like Ospital ng Makati and University of Makati, Makati may be the one to pay the rent because the building is standing on land owned by Taguig,” she said.

Angeles added that it’s better and more ideal for Makati to turnover the Embo barangays and then pursue an arrangement with Mayor Lani Cayetano concerning the structures and buildings that Makati has built in the area.

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