Makati urges Taguig to comply with CA's decision-A A +A
Tuesday, September 3, 2013
MAKATI City urged Taguig City Mayor Lani Cayetano to comply with the Court of Appeals' (CA) decision for Taguig to "immediately cease and desist from exercising jurisdiction" over parts of Fort Bonifacio, including its sole central business center, Bonifacio Global City (BGC).
"With all due respect to the mayor, we suggest that she consult better lawyers. The court has lifted an injunction order, which means Makati is no longer restrained from exercising jurisdiction over the inner Fort Area. Unless restrained by the courts, the lifting of the injunction order is immediately executory," Makati City Administrator Eleno Mendoza said in an email to Sun.Star Tuesday.
Mendoza also reiterated that the filing of a Motion for Reconsideration (MR) does not change the situation.
"That is already established jurisprudence. We urge Taguig to comply with the decision and respect the rule of law. If they have new and compelling evidence - not the pieces of evidence described by the court as fake and dubious - then they should present it," Mendoza added.
Last Thursday, Cayetano filed the motion for reconsideration in the CA Sixth Division to reclaim ownership over the disputed land in Fort Bonifacio.
The 135-page motion stated that Taguig's ownership is supported by official documents and "has the backing of history."
"Taguig's claim has the weight of official authority behind it – in statutes, in proclamations, in public documents – while Makati can only rely on private writings and proclamations that expand the original terms of that which it sought to amend," the motion stated.
The motion also stated, "Taguig's claim has been established by the numerous documentary and official documents, while Makati's has been one characterized by numerous legal maneuvers and over reliance on technicalities."
"We will not stop, Taguig will exhaust all legal remedies available to assert our ownership of Fort Bonifacio. We have asked the CA to reconsider its previous ruling and I am confident that we will be vindicated in the end," Cayetano said in another statement.
She added that they already presented evidences, in form of maps, surveys and official documents to back their claim of jurisdiction over Fort Bonifacio.
On July 30, Associate Justice Marlene Gonzales-Sison issued a 37-page ruling granting Makati the 729-hectare land in Fort Bonifacio. It overturned the Pasig Regional Trial Courts decision in July 2011 naming Taguig as owners of the disputed land.
Cayetano also said that the CA's decision will affect the lives of Taguig residents as a substantial portion of the city's annual budget of around P5 billion comes from BGC. The said financial district supports the 28 barangays under Taguig's jurisdiction.
It helped fund the education of 20,000 scholars under the city's P300-million scholarship program; 10,000 college students in the city's university, and provided free school uniforms and supplies for daycare to high school students, along with medicines for the sick residents.
Aside from the MR, Cayetano earlier filed a motion seeking the immediate inhibition of Associate Justice Gonzales-Sison from the case because of her husband's association with Vice President Jejomar Binay.
Cayetano said that Sison's husband, lawyer Casimiro "Cassy" Sison is a close friend of the Vice President and current Makati Mayor Jun-Jun Binay.
Sison also ran and won in the 6th district of Manila under the United Nationalist Alliance (UNA), which is headed by the older Binay and Manila Mayor Joseph Estrada.
The motion stated that the CA justice "does not seem to possess the cold neutrality to fairly and impartially resolve the issues involving the territorial dispute between plaintiff-appellee City of Taguig and defendant-appellant City of Makati."
"We should not allow a cloud of doubt loom over the CA's impartiality in deciding this case," Cayetano said.
Also on Tuesday, the National Capital Region Police Office Regional Director Marcelo Garbo Jr. rejected the request made by Makati Mayor Junjun Binay to place the Fort Bonifacio under the Makati police. Garbo issued a directive saying the Taguig police should still exercise jurisdiction over the disputed areas. (Glaiza Jarloc/Sunnex)