Taguig court issues TRO vs. Makati over EMBO barangays

The Taguig City Regional Trial Court (RTC) has issued a temporary restraining order (TRO) prohibiting Makati and any of its personnel from preventing Taguig from taking full and exclusive possession of public properties inthe EMBO barangays.

In its order, the RTC said the TRO is effective for 72 hours.

“The Court finds that plaintiff has sufficiently established extreme urgency for the present application, and that it stands to suffer grave injustice and irreparable injury without the injunctive relief prayed for,” the RTC said.

It ordered the Clerk of Court and the Taguig RTC ex-officio Sheriff to serve the summons to Makati, as well as a copy of the order, and to file a return.

Taguig said the covered facilities include health centers, covered courts, multi-purpose buildings, day care centers, parks, and other government properties reserved for public use under Proclamation Nos. 518 and 1916. 

In a press release, Taguig City Mayor Lani Cayetano welcomed the court’s ruling and reiterated the city’s intention to ensure that the public facilities remain open and fully operational for all EMBO residents.

“Malaking tagumpay ito para sa mga taga-EMBO. Ngayong nasa Taguig na ang pamamahala ng lahat ng pasilidad na ito, titiyakin nating bukas at ganap na mapapakinabangan ito ng mga taga-EMBO—hindi isasara,” Cayetano said.

(This is a victory for EMBO residents. Now that these facilities are under Taguig, we will ensure that these will be open for EMBO residents and that they will benefit from these.)

Makati, meanwhile, released a statement saying that it will avail all legal remedies.

It also emphasized that the SC decision was about jurisdiction and not ownership over lots.

“Hindi sinabi ng Korte Suprema na ang mga lupa at struktura na binili, tinayo at ginagamit ng Makati ay binibigay sa Taguig,” it said.

(The Supreme Court did not say that the lands and structures bought, built, and used by Makati will be given to Taguig.)

Jurisdiction

In 2021, the Supreme Court (SC) ruled that Barangays Cembo, South Cembo, Comembo, East Rembo, West Rembo, Pembo (including Rizal), Pitogo, Post Proper Northside, and Post Proper Southside are within the territory of Taguig.

The SC also enjoined Makati City to cease from "exercising jurisdiction over, making improvements on, or otherwise treating as part of its territory, parcels 3 and 4, psu-2031, comprising Fort Bonifacio."

This decision became final and executory in September 2022.

The Supreme Court has affirmed with finality a December 2021 decision that ruled that the disputed Bonifacio Global City belongs to Taguig City.

In a two-page notice dated September 2022, the SC Special Third Division denied the Makati City government's motion for reconsideration assailing the SC's December 1, 2021 decision that ruled in favor of Taguig.

Despite this, the RTC said that Makati refused to turnover the facilities.

“Defendant Makati’s continuing refusal is shown by their signages and tarpaulins hanging or plastered in some of the subject properties,” the RTC said.

Meanwhile, the RTC directed the transfer of the records of the case to the Office of the Clerk of Court-Regional Trial Court of Taguig City for a special raffle. — BAP/ VAL, GMA Integrated News