SC Writes Finis to Makati City-Taguig City Land Dispute
April 4, 2023
The Supreme Court has put an end to the land dispute between the city governments of Makati and Taguig in connection with the Fort Bonifacio Military Reservation where the Bonifacio Global City Complex is now located. The Court earlier ruled that the disputed properties are within the territorial jurisdiction of Taguig City.
In a two-page Resolution dated September 28, 2022, the Court’s Special Third Division denied with finality the Makati City government’s omnibus motion for reconsideration of the Court’s December 1, 2021 Decision, on the ground that the basic issues raised therein have been duly considered and passed upon by the Court in the assailed Decision.
The Court also denied Makati City’s omnibus motion to refer the instant case to the Court En Banc, as the Court En Banc is not an Appellate Court to which decisions or resolutions of a Division may be appealed.
The Court likewise said that no further pleadings, motions, letters or other communications shall be entertained in this case, as it ordered the immediate issuance of an entry of judgment.
In its December 1, 2021 Decision, the Court denied the Petition for Review on Certiorari filed by the City of Makati that assailed the Resolution dated March 8, 2017 and the Resolution dated October 3, 2017 of the Court of Appeals (CA).
The High Court reinstated with modification the July 8, 2011 Decision of the Regional Trial Court (RTC) of Pasig as follows:
- Fort Bonifacio Military Reservation, consisting of Parcels 3 and 4, Psu-2031, is confirmed to be part of the territory of the City of Taguig.
- The Writ of Preliminary Injunction dated August 2, 1994 issued by the RTC of Pasig, explicitly referring to Parcels 3 and 4, Psu-2031, comprising Fort Bonifacio, be made PERMANENT insofar as it enjoined the 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.
- Ordering City of Makati to pay the costs of the suit.
In 1993, Taguig filed a complaint against Makati before the Pasig RTC in connection with their territorial dispute over the areas comprising the Enlisted Men’s Barangays and the entirety of Fort Andres Bonifacio. The City of Makati elevated the matter to the CA and, ultimately, to the High Court. ###