BOUNDARY DISPUTE | SC junks Makati’s appeal on Fort Bonifacio dispute

June 29, 2023 , 07:23 PM

By Clarist Zablan

(June 29, 2023) – The Supreme Court (SC) has thrown out the Makati City government’s request to admit its appeal after losing in its territorial dispute with Taguig City.

In a June 26 resolution, which has not yet been released to the public, the high court’s special third division has denied Makati City’s second omnibus motion which partly requested the court’s leave to file and admit its second motion for reconsideration on the boundary dispute, the high court’s public information office said on Thursday.

“Consequently, the Court (SC) noted without action the City of Makati’s second Motion for Reconsideration challenging the Court’s Decision dated December 1, 2021,” the court said in a statement. “A second motion for reconsideration is generally prohibited under the Rules of Court.”

The SC said it also “noted without action” Taguig City’s manifestation asking the court to order Makati City and its mayor Abby Binay to show cause why they should not be sanctioned for claiming that the case is “not yet over.”

In 2021, the SC third division ruled the entirety of Fort Bonifacio and enlisted men’s barangays (EMBOs) are under Taguig City’s territorial jurisdictions. The decision has become final and executory after an entry of judgment on the dispute was issued last year.

The court also denied with finality Makati City’s omnibus motion for reconsideration on the decision in September last year, reasoning the high court’s en banc is not an appellate court where a division’s decision or resolution can be appealed.

“The same Resolution then directed that no further pleadings will be entertained in the case, and that an Entry of Judgment be issued immediately,” the court said.

Earlier this month, Binay insisted the SC decision on the boundary dispute is not yet final, claiming Makati’s legal office was notified of a hearing on their motion to elevate the case to the en banc.

But SC spokesman Brian Keith Hosaka said they have no information on the supposed order.

Taguig Mayor Lani Cayetano asked the SC to investigate Binay’s “false and troubling” claims on the territorial dispute between the two cities arising from the Makati mayor’s remarks.

(MM)

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