Makati–Taguig boundary dispute
Part of Internal boundary disputes in the Philippines
Contested territory between Makati and Taguig, and Pateros, including Bonifacio Global City
Date1993–2023
Location
Fort Bonifacio area including Embo barangays and Bonifacio Global City in Metro Manila, Philippines
MethodsLawsuit
Resulted inTaguig victory
  • Supreme Court affirmed Taguig's jurisdiction over Bonifacio Global City which it already administrates.
  • Jurisdiction of Embo barangays transferred from Makati to Taguig in 2023
Parties
Lead figures

Mayor of Taguig
Ricardo Papa Jr. (first)
Isidro Garcia
Sigfrido Tiñga
Lino Cayetano
Lani Cayetano (last)
Other figures
Alan Peter Cayetano
Jose Luis Montales

The local city governments of Makati and Taguig of the Philippines were involved in a territorial dispute. The cities claimed jurisdiction over Fort Bonifacio, which includes the financial district of Bonifacio Global City (BGC) and Enlisted Men’s Barrios (Embo) barangays.

Taguig has administration over Bonifacio Global City and some territory to its south as part of its Fort Bonifacio barangay. In addition, Pinagsama exercises control over the McKinley Hill area and Palar Village, while Barangay Ususan controls some exclaves along Circumferential Road 5 (C-5), such as Logcom Village, Wildcat Village, and Aranai.

Makati claims the main Bonifacio Global City area, Bonifacio Capital District that includes McKinley Hill, the lands along C-5, and most parts of Palar Village and Fort Andres Bonifacio to be under the jurisdiction of its barangays, Post Proper Northside and Post Proper Southside, while Ususan's exclaves along the eastbound portion of C-5 are also claimed by Barangays Rizal and Pembo.

Pateros also claims to control the Embo and Post Proper barangays of Makati and some barangays in Taguig. Pateros's claim includes Bonifacio Global City. However, the legal case it filed is separate from the case involving Makati and Taguig.[1]

In 2023, the Supreme Court ruled with finality that Taguig has jurisdiction over Fort Bonifacio and the Embo barangays. The Embo and Post Proper barangays were now transferred and ceded to Taguig. However, dispute regarding the ownership and management of Makati-developed assets in the Embo and Post Proper barangays, especially public schools and health facilities, still persists.

Background

In 1993, the municipal government of Taguig filed a case against Makati before the Pasig Regional Trial Court (RTC), contending "that the areas comprising the Enlisted Men's Barangays (EMBOs), as well as the area referred to as Inner Fort in Fort Bonifacio, were within its territory and jurisdiction." The Pasig court ruled in favor of Taguig in 2011. Makati filed a motion for reconsideration at the Pasig RTC. At the same time, the city filed a petition for an annulment of judgment with the Court of Appeals.[2]

The city governments of Makati and Taguig 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 Manila 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 what is now Pinagsama.[3]

Supreme Court

On June 27, 2008, through Associate Justice Leonardo Quisumbing, the suit of Makati was dismissed, seeking to nullify Special Patents 3595 and 3596 signed by President Fidel V. Ramos, conveying to the Bases Conversion and Development Authority public land in Fort Bonifacio, Taguig. 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 source of sufficient income.[4][5][6]

Further rulings and appeals

On August 5, 2013, after a year and a half of deliberations, the 20-year-long battle was decided in a 37-page decision written by Justice Marlene Gonzales-Sison of the Court of Appeals. The ruling says that jurisdiction over Fort Bonifacio has reverted to Makati from Taguig. The court upheld the constitutionality of Presidential Proclamation Nos. 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 to the dispute between Makati and Taguig have long been registered as voters of Makati, thus bolstering the former's jurisdiction over Fort Bonifacio. Taguig Mayor Lani Cayetano, however, maintained that this decision was not yet final and executory, and asked Justice Gonzales-Sison to recuse herself from the case as it was discovered that her family has close ties with the Binays of Makati.

On August 22, 2013, the Taguig city government filed a motion for reconsideration before the Court of Appeals' Sixth Division, affirming its claim on Fort Bonifacio.[7] With the filing of the motion, Taguig asserted jurisdiction 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. On June 15, 2016, in a 27-page decision by the Second Division of the Supreme Court, the court found Makati guilty of direct contempt for forum shopping.[8]

On October 3, 2017, the Court of Appeals upheld its final decision in favor of the city government of Taguig and not Makati. The Supreme Court also found Makati guilty of forum shopping after simultaneously appealing the Pasig Regional Trial Court (RTC) ruling and filing a petition before the Court of Appeals, both seeking the same relief.[9][10] However, Makati maintained its claim over the disputed area.[11]

In a decision released on April 27, 2022, the Supreme Court upheld the 2011 Pasig RTC ruling that declared that the 729 hectares (1,800 acres) Bonifacio Global City complex, along with several surrounding barangays of Makati (Pembo, Comembo, Cembo, South Cembo, West Rembo, East Rembo, and Pitogo), was under the jurisdiction of the Taguig city government.[12] However, Makati released a statement saying that it would continue exercising jurisdiction over areas it controlled until it received an official copy of the decision.[13]

Result

The 1909 Survey Plan of Psu-2031, which illustrates the extent of the Military Reservation of Fort Bonifacio (formerly Fort McKinley), was presented by Taguig as evidence to support their claims.

On April 3, 2023, the Supreme Court junked the motion for reconsideration that was filed by Makati to override the court's earlier decision, siding with Taguig. The city government of Taguig released a statement "welcoming the new Taguigeños", referring to the residents of the affected barangays, and saying that the Taguig LGU will start working on the transition and handover of such barangays.[14]

Makati appeal attempt

Makati Mayor Abigail Binay claimed that the dispute is "not yet over", stating that her office has received a notice that the Supreme Court has set its case with Taguig for oral arguments. This was contradicted by Supreme Court spokesperson Brian Keith Hosaka, who stated that there are no such documents.[15]

The Taguig city government slammed Binay's comment and also expressed belief that her meeting with President Bongbong Marcos, First Lady Liza Araneta Marcos and Chief Justice Alexander Gesmundo was meant to "undermine the probity of our highest officials and subvert the people's trust in the impartiality of justice".[15] Taguig's mayor sought sanctions against Makati for the statement.[16]

On June 29, the SC rejected Makati's motion to file a second appeal, saying that it is generally prohibited under their rules. It also said its en banc "is not an appellate court" and will not entertain further pleadings in the case. Makati's had filed an earlier motion for reconsideration, which was rejected in 2022.[17]

On October 5, Makati City Mayor Abigail Binay filed a motion for clarification with the petition for the issuance of a status quo ante order before the Taguig City Court Branch 153 to facilitate the proper transition of territory. This is the same court where the Taguig-Makati land row started, which was eventually resolved by the Supreme Court in favor of Taguig. The petition came after Taguig and Makati engaged in a dispute over schools and health facilities in Embo barangays, prompting national agencies to intervene.[18]

Aftermath and transition

Taguig issued a statement welcoming ten barangays to its jurisdiction.[19] Meanwhile, Makati Mayor Abigail Binay conceded defeat after the Supreme Court denied Makati's second appeal.[20]

Residents of the Embo barangays launched a series of motorcade protests in response to the ruling. The first motorcade protest was held on August 20, 2023 followed by two more on August 27 and November 5.[21][22]

Taguig would extend its scholarship program to residents of the formerly disputed area.[23] Mayor Binay, on the other hand, pledged to continue to provide assistance to residents in the area. She claimed that Taguig would not be able to do so immediately, noting that its scholarship program has a residency requirement.[24]

Students studying at the University of Makati and residents served by the Ospital ng Makati who are beneficiaries of Makati's social programs would be affected.[25] Taguig claims that Makati should now pay rent for government facilities of Makati now within Taguig.[26]

Taguig proposed the formation of a joint transition body.[27] Makati also suggested holding a plebiscite covering the contested area if both city governments agree.[26]

The Department of Budget and Management (DBM) reminded various government agencies to comply with the SC ruling with regard to budget planning and allocation.[28]

Businesses

Business establishments in the Embo and Post Proper barangays are now advised to register in Taguig. The local government of Taguig will accommodate and process the replacement of Makati business permits.[29]

Court jurisdiction

The Supreme Court of the Philippines is set to transfer the jurisdiction of civil and criminal cases committed within the Embo and Post Proper barangays from Makati courts to Taguig courts effective January 1, 2024.[30] It also named eleven Makati courts to assist their Taguig counterparts, pending an increase in their numbers.[31]

Transfer of local government

The Department of the Interior and Local Government (DILG) ordered the transfer of the eight Embo barangays and two Post Proper barangays, formerly under Makati, to the jurisdiction of its Taguig field office, through a memorandum circular dated October 26, 2023. Meanwhile, the DILG National Capital Region was ordered to furnish reports to DILG Taguig of the ten barangays on the conduct of line inventory and turnover of the Barangay and Sangguniang Kabataan properties, financial records, documents and money accountabilities.[32][33]

Makati has excluded the ten barangays from its national tax allotment (NTA) beginning fiscal year 2024, transferring them to Taguig by virtue of a memorandum issued by the Department of Budget and Management (DBM) dated December 28, 2023.[34]

Emergency services

In August 2023, the Philippine National Police has started preparations to realign its police forces in the ten affected barangays.[35] According to its initial plan, incumbent police officers assigned in the area would remain but would be turned over from Makati Central Police Station to Taguig Central Police Station.[36]

Fire substations in the Embo barangays were initially closed down by the Makati City Government, but were later reopened on January 5, 2024 by the DILG, which assumed direct supervision. National government-owned fire equipment would be supplied to the substations, and Taguig firefighters would be stationed there.[37] The decision to close the substations drew criticism from Senator Alan Peter Cayetano, husband of Taguig Mayor Lani Cayetano.[38]

2023 BSKE elections

Ahead of the Barangay and Sangguniang Kabataan Elections (BSKE) held in October 2023, the COMELEC transferred the eight Embo barangays and two Post Proper barangays to Taguig.[39] The DILG has instructed both the cities of Makati and Taguig to assist COMELEC regarding the upcoming BSKE.[40] COMELEC has also instructed the Office of the Election Officer (OEO) of both Taguig and Makati (second district) to prepare a new list of qualified electoral boards, to print new voter's list reflecting the change to Taguig, and to ensure that voting centers would be available. Voters in the affected barangays were automatically transferred to Taguig.[39][40]

On November 12, newly elected Sangguniang Kabataan (SK) officials from the affected barangays, along with other newly elected barangay and SK officials from Taguig, took their oath before Taguig Mayor Lani Cayetano in Bonifacio Global City.[41] However, on November 25, newly elected barangay officials and SK chairpersons from the affected barangays opted to take their oath before Makati Mayor Abigail Binay at the Makati City Hall.[42][43]

Administration of schools

The Makati Science High School in Cembo is one of the 14 Embo public schools affected by the dispute.

The Regional Office of the Department of Education–National Capital Region has issued a memorandum ordering the transfer of the affected fourteen Embo public schools from the Schools Division Office (SDO) of Makati to the Schools Division Office of Taguig–Pateros. A meeting was held between the officials of the SDO of Taguig City and Pateros, local officials of Taguig, and the principals of the affected Embo public schools and tackled that Taguig is ready for the opening of classes in the affected schools on August 29.[44]

The schools would be later placed under the direct supervision of the national Department of Education.[45] Meanwhile, the Makati City Government stated that it is willing to lease 11 out of 14 public schools in the Embo area, in an effort to bolster their claim that they still own the property.[46]

Transfer of the administration, management and physical facilities of the 14 affected schools from Makati to Taguig is being fast-tracked for completion.[47]

Starting from the academic year 2024–2025, students from the affected barangays enrolled at the University of Makati will be reclassified as non-Makati residents. The waived tuition fees, a perk for Makati residents, will continue for them for the remainder of the academic year 2023–2024.[48]

Healthcare

The Comembo Health Center, located inside the barangay hall building, is among the healthcare facilities that closed following the dispute.

On September 25, 2023, the Makati City Administrator Claro Certeza alleged that the Taguig City Government rejected the deals regarding the transfer of health facilities, services and data in the areas affected by the territorial dispute between the cities. The Makati City Government proposed a credit line for Taguig and offered Taguig the option to lease or purchase the facilities it built on the contested areas. However, the Taguig City Government stated that the proposed deals and memorandums with Makati are “anchored on the false premise that they (Makati) own the land and the health centers built thereon.” The Taguig City Government also accused Makati of violating the agreement with the Department of Health (DOH), which stated that both Taguig and Makati shall not take up ownership of existing land and buildings while the transition discussions are ongoing.[49][50]

On January 1, 2024, the Makati City Government announced the discontinuation of Yellow Card benefits, which includes healthcare subsidies, for residents of the ten affected barangays, excluding its city government employees, and the closing down of health centers and lying-in clinics in those areas due to their expired licenses to operate.[51][52][53][54] On January 3, the Taguig City Government commenced providing free teleconsultation, free dialysis, and personal consultation in its health centers to affected residents and designated catchment health centers in Fort Bonifacio, Pinagsama, and Ususan for them.[55] It later opened its satellite pharmacy in East Rembo for them on January 5.[56] It also accused Makati for "deceit and fraud" in closing down the health centers in the affected barangays. In response, Makati said that Taguig had long been aware of the situation before the announcement but didn't act upon it.[57] As a result, the DILG invited Mayors Binay and Cayetano and the DOH for a meeting over such closures.[58]

Social welfare

On September 28, 2023, the residents of the affected barangays are now eligible to receive scholarships from the Taguig City Government. The city said it received 5,000 scholarship applications from the ten affected barangays, with 387 recipients already receiving their cash allowance within the first two days.[59] Taguig also started giving out cash gifts to senior citizens of the Embo barangays.[60]

However, in late 2023, the Makati City Government continues its annual tradition of distributing Pamaskong Handog (lit. transl.Christmas Gift) bags, containing grocery items, to the residents of affected barangays in anticipation of Christmas.[61] They also provided free rides to the residents of the affected barangays for Ayala Avenue New Year’s Eve Countdown to 2024: A Grand Showcase of Filipino Talent, a New Year's Eve street party held in the Makati Central Business District, designating six pick-up and drop-off points in the area.[62]

On January 1, 2024, the Makati City Government discontinued the benefits and incentives of the Blu Cards of senior citizens in the affected barangays, while clarifying that their Makatizen card may still be used as a debit card and valid ID.[53][63]

Road and traffic management

The section of J.P. Rizal Avenue passing through the Embo barangays is now included in Taguig's exemption from the MMDA's expanded number coding scheme.

As of November 14, 2023, the ten affected barangays were placed under the jurisdiction of Taguig's Traffic Management Office (TMO). Consequently, the area is now covered by the exemption under the expanded number coding scheme by the Metro Manila Development Authority (MMDA) that is also applied in Taguig, having been previously under Makati's full number coding scheme (Monday to Friday, 7:00 am to 7:00 pm PHT).[29][64] However, the MMDA's coding scheme (Monday to Friday, 7:00 am to 10:00 am and 5:00 pm to 8:00 pm PHT) is still enforced on Circumferential Road 5 (C-5) that traverses the disputed area. Both schemes are not implemented on holidays.

However, the national roads in the Embo barangays remain under the jurisdiction of Department of Public Works and Highways (DPWH) – Metro Manila 2nd District Engineering Office that covers Makati, Parañaque, and the outskirt of Bonifacio Global City, while those in the rest of Taguig are under DPWH – Metro Manila 1st District Engineering Office.[65]

Legislative districts

Map of Makati's 2nd congressional district encompassing the barangays ceded to Taguig in light red and the remaining, non-contested barangays in red.

With the ruling, the fate of Makati's 2nd district, which covered the disputed area as well as the non-contested barangays of Guadalupe Nuevo, Guadalupe Viejo, and Pinagkaisahan, is uncertain. The remaining barangays in Makati does not satisfy the constitutional requirement of having at least 250,000 residents to be represented by a congressional district.[66]

Makati's 2nd district is expected to remain despite not fulfilling the population constitutional requirements even with three barangays.[67]

With this development, Makati may be reduced to a single district, with the Embo barangays forming as a third district for Taguig.[66] Legislation and plebiscite would be still required.[67]

Notes

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