THE Department of Education (DepEd) has dismissed the request of Makati City to administer and manage three schools in Embo (enlisted men's barrios) barangays, which were formerly under its jurisdiction but were transferred to Taguig City by the Supreme Court.
DepEd Undersecretary for Operations, lawyer Revsee Escobedo, said the agency rejected Makati City's request to run the three public schools due to lack of legal basis.
These schools are the Makati Science High School (MSHS), Fort Bonifacio Elementary School (FBES), and Fort Bonifacio High School (FBHS).
Escobedo said if they grant the request, they would contravene both the 1987 Constitution and the Governance of Basic Education Act of 2001 which provide that governance of basic education is a National Government mandate.
Makati justified its request on its assertion that the ownership of the lots and the school buildings “unambiguously remains with the City of Makati” and its supposed “unquestionable capability” to manage the aforementioned schools.
Taguig City vehemently opposed the “unusual request,” noting that education is not a function devolved to local government units and thus all public elementary and high schools are managed and operated by the National Government though the DepEd.
In the case of the Embo public schools, they must be administered under the jurisdiction of the DepEd Taguig-Pateros since the schools are located within the territorial jurisdiction of Taguig.
The DepEd categorically pronounced that all Embo public schools fall under the jurisdiction of the National Government and, therefore, must be administered and managed by DepEd Taguig after the Supreme Court affirmed its 2021 decision, which declared that the City of Taguig has jurisdiction over Bonifacio Global City and the 10 EMBO barangays.
The Supreme Court's decision permanently enjoined Makati from exercising jurisdiction over, making improvements on, or otherwise treating as part of its territory, these areas which include the schools in question.
“Giving way to Makati’s legally infirm request would violate the Supreme Court’s decision and may invite the sanction of contempt for disobedience to the high court’s order,” Escobedo said.
"Upon examining pertinent records, LGU Makati cannot rely on the claim of ownership over the school land, school building, facilities, and equipment, as this was not a consideration when the Supreme Court decided Municipality of Makati v. Municipality of Taguig," he added.
However, he pointed out that both Taguig City and Makati City have stipulated in a Memorandum of Agreement that this ownership issue will be submitted for judicial resolution.
DepEd also brushed aside Makati’s claim of academic reputation, declaring that such “may not be considered as an adequate nor valid legal justification.” (TPM/SunStar Philippines)