Supreme Court of the Philippines

Supreme Court affirms: BGC is part of Taguig City

Jairo Bolledo

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Supreme Court affirms: BGC is part of Taguig City

BGC. People check the plants and vegetables at the newly-launched urban farm in Bonifacio Global City, Taguig City, which aim to encourage and promote sustainability and lessen pollution.

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(1st UPDATE) The High Court adds there are no further pleadings, motions, letters, or other communications that will be entertained in relation to the case

MANILA, Philippines – The Supreme Court (SC) affirmed Tuesday, April 4, that the Taguig City local government has jurisdiction over Bonifacio Global City (BGC).

In a briefer publicized on Tuesday, the SC settled the land dispute between the cities of Taguig and Makati over the Fort Bonifacio Military Reservation where BGC is located. In April last year, the High Court already decided that BGC is part of Taguig City.

The High Court’s Special Third Division, in a two-page resolution dated September 28, 2022, denied Makati City’s omnibus motion for reconsideration on the grounds that the basic issues were already considered and passed upon by the SC. Aside from this, the High Court also denied Makati City’s omnibus motion, which sought to refer the instant case to the SC’s en banc.

According to the SC, the “Court En Banc is not an Appellate Court to which decisions or resolutions of a Division may be appealed.” The High Court added there were no further pleadings, motions, letters, or other communications that will be entertained in relation to the case.

Earlier, on December 1, 2021, the SC denied the petition for review on certiorari filed by Makati that challenged the March 8 and October 3, 2017 resolutions of the Court of Appeals. In the said ruling, the SC also reinstated with modification the July 8, 2011 decision of Pasig City Regional Trial Court (RTC).

The details were as follows:

  • Taguig City has jurisdiction over Fort Bonifacio Military Reservation, consisting of Parcels 3 and PSU-2031;
  • The permanency of the writ of preliminary injunction dated August 2, 1994 issued by the Pasig City RTC that referred to Parcels 3 and PSU-2031 as part of Fort Bonifacio. The Pasig RTC’s decision enjoined then-municipality of Makati from exercising its jurisdiction in the place, making improvements on, and treating BGC as part of its territory;
  • The decision also ordered Makati City to pay for the costs of the suit.

Prior to the SC and the CA’s ruling, Taguig City filed a complaint before Pasig RTC in 1993, in relation to the land dispute. The land coverage includes enlisted men’s barangays and the entirety of Fort Andres Bonifacio.

Since Taguig City secured its victory in the lower court, Makati brought the case to the appellate court, and then to the High Court.

Makati City’s response

In a statement, Don Camiña, head of Makati City’s law department, reiterated that their local government has filed on omnibus petition asking the High Court to hear the case on en banc.

“This legal recourse is provided for under Section 3, Rule 2 of the SC Internal Rules,” Camiña said.

The lawyer added that the case involves constitutional issues that need to be addressed by the High Court’s en banc. Camiña added that the recent SC decision will not only have “far-reaching consequences” to business operations in the area, but “could also prejudice the right to vote” of the residents in the cities, and their access to social services.

But in a message to reporters, SC spokesperson Brian Keith Hosaka clarified that the petition Camiña had mentioned was already resolved by the High Court in the latest resolution. 

“The omnibus motion filed by the petitioner to refer the case to the Court En Banc was also denied in the said Resolution dated Sept. 28, 2022,” the High Court spokesperson said. 

Taguig City local government, meanwhile, welcomed the ruling and said the end of the legal battle marks a new chapter for their city. 

“The end of this legal dispute marks the beginning of a new chapter for Taguig and its people. Our victory in the courts of law is not merely a vindication of our rights. It is equally a command for us to make good use of this once-in-a-lifetime opportunity to expand our brand of committed public service to new constituents. We welcome our new Taguigeños with this solemn promise,” the local government said. 

Taguig City added that it will work on the transition involving public services with Makati, since some of the places in BGC and nearby areas are now under Taguig’s jurisdiction. – With a report from Michelle Abad/ Rappler.com

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Jairo Bolledo

Jairo Bolledo is a multimedia reporter at Rappler covering justice, police, and crime.