Supreme Court affirms: BGC is part of Taguig City

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. – With a report from Michelle Abad/ Rappler.com