Abby Binay questions timing of TRO vs. Makati over EMBO barangays

MALOLOS CITY, Bulacan— Outgoing Makati City Mayor Abby Binay on Wednesday questioned the timing of the issuance of a temporary restraining order (TRO), prohibiting them from taking full and exclusive possession of public properties in the EMBO barangays.

“Para lang sa iyong kaalaman, lahat ng ‘yan ay nangyari in the span of one week. A week and a week before the election,” Binay said during the press conference of Alyansa Para sa Bagong Pilipinas here. 

(Just for your information, all of that happened in the span of one week.)

“They filed a new case last Monday. Today is Wednesday, nag-file sila ng bagong kaso Monday. Pinasok nila ang health center ng Tuesday, nag-open sila ng Health center today pero ang TRO nila hanggang Friday lang. I question the timing because the health centers have been in that condition for one year and five months,” she narrated. 

(They filed a new case Monday. They entered the health center on Tuesday, they opened the Health center today but their TRO is only until Friday.)

For Binay, it is puzzling that the TRO was secured a week before the May 12 elections.

“Why did you wait a week before the elections to file a case and get a TRO and get possession of the health centers. If you are truly concerned with your constituents, dapat as early as January 2024, nag-file kayo ng kaso at in-insist niyong makuha ‘yong possession ng property,” she quipped.

(You should have filed a case as early as January 2024 and insisted on getting possession of the property.)

Binay, a lawyer, also reiterated that the Supreme Court decision “is not about ownership,” but about territorial jurisdiction.

“Hindi sinabi ng korte na lahat ng pagmamay-ari ng lungsod ng Makati ay napupunta na sa Taguig. Ang sinabi lang ng Supreme Court, [the disputed areas] ay parte na ngayon ng Taguig. ‘Yon lang,” she said.

(The court did not say that all the property of the city of Makati now goes to Taguig. The Supreme Court only said, [the disputed areas] are now part of Taguig. That’s all.)

Binay then slammed the Taguig City government for its refusal to get a writ of execution, which she thinks was the root of all of these issues.

"Kung may writ of execution, alam natin kung papaano i-implement ‘yong Supreme Court decision pero hanggang ngayon walang writ kaya magulo. So, hindi ko po kasalanan ‘to,” Binay said. 

(If there is a writ of execution, we know how to implement the Supreme Court decision, but until now there is no writ, so there is confusion. So, this is not my fault.)

Cayetano's response

Taguig Mayor Lani Cayetano, meanwhile, posted a video on her Facebook page on Wednesday and spoke about the TRO.

"Malinaw ang utos ng korte, nasa hurisdiksyon ng Taguig ang EMBO barangays at dapat makinabang ang mga tao sa pasilidad na matagal ng ginawa naman talaga para sakanila," Cayetano said.

(The court's order is clear: the EMBO barangays are under the jurisdiction of Taguig, and the people should benefit from the facility that was built for them a long time ago.)

"Walang anuman paikot-ikot na pagpapaliwanag, pangmamaliit sa akin at sa Taguig, masasakit na salita at panglilito ang puwedeng gawin ni Mayor Abby Binay at Atty. Certeza ang puwedeng magtago sa katotohanan," she added.

(There is no way that Mayor Abby Binay and Atty. Certeza can hide the truth by using roundabout explanations, belittling me and Taguig, using hurtful words, and causing confusion.)

"Ngayong araw, nagbubunyi ang mga residente ng EMBO, sigaw nila, salamat at nabalik na ang mga pasilidad na sakanila naman talaga."

(Today, the residents of EMBO are rejoicing; they are shouting, Thank you, and the facilities that are rightfully theirs have been returned.)

TRO

The Taguig City Regional Trial Court (RTC) issed theTRO prohibiting Makati and any of its personnel from preventing Taguig from taking full and exclusive possession of public properties in the EMBO barangays on Tuesday.

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.  —VAL, GMA Integrated News