OCAD: Jurisdiction change for barangays from Makati to Taguig needs writ of execution
MANILA, Philippines — A writ of execution must first be secured in order to effectively transfer the jurisdiction of 10 affected barangays from Makati City to Taguig City.
This was according to the Office of the Court Administrator (OCAD) after a Makati Regional Trial Court executive judge sought clarification regarding pending cases affected by the September 2022 ruling of the Supreme Court (SC) that declared portions of Makati as legally part of Taguig.
A writ of execution is an order presented by the sheriff to a losing party to implement or satisfy a judgment.
Makati RTC Executive Judge Gina Bibat-Palamos noted in her inquiry that concerns were raised before her office in relation to the handling of cases filed in Makati courts but which areas were declared under Taguig City based on the SC decision.
In response, Court Administrator Raul Villanueva said a writ of execution should first be secured, or “all cases currently filed and pending before the first and second level courts in Makati City should continue to be tried, heard, and decided by the said courts.”
“As an initial assessment, the decision of the Supreme Court’s Third Division should be the subject of a Writ of Execution before the trial court of origin. When the said writ has been implemented by the Department of Interior and Local Government, then that is the reckoning period for the transfer of jurisdiction of cases emanating from the Fort Bonifacio Military Reservation, consisting of Parcels 3 and 4, Psu-2031, from Makati City to the City of Taguig,” he explained in a reply to Executive Judge Bibat-Palamos dated July 25, 2023.
Bibat-Palamos relayed the OCAD’s response to Makati City Administrator Claro Certeza, who was among parties that inquired about the matter before the office of the Makati RTC executive judge.
Certeza welcomed the OCAD’s explanation, saying it has set a clear path forward, delineating the necessary steps that must be taken before any jurisdictional transfers can proceed.
Certeza consequently appealed to Taguig to adhere to the rule of law to avoid confusion among parents and students and unnecessary tension in barangays affected by the SC decision.
Certeza said the Makati government may file criminal and administrative charges against Taguig for its alleged unlawful attempt to take possession of properties owned by Makati.
Earlier, Mayor Abby Binay proposed a status quo arrangement where Makati would continue its services in the affected schools. This proposal aims to alleviate worries among students and parents and avoid disruption in school operations.
The 14 public schools located in the affected barangays in District 2 are Fort Bonifacio Elementary School, Cembo Elementary School, South Cembo Elementary School, Pitogo Elementary School, East Rembo Elementary School, Rizal Elementary School, Comembo Elementary School, West Rembo Elementary School, Pembo Elementary School, Makati Science High School, Benigno “Ninoy” S. Aquino High School, Tibagan High School, Fort Bonifacio High School, and Pitogo High School.
On September 28, 2022, the SC finally denied Makati City’s motion for reconsideration of its December 2021 ruling that said Parcels 3 and 4, Psu 2031, are “confirmed to be part of the territory of the City of Taguig.”
Parcels 3 and 4, Psu 2031 comprise Fort Bonifacio, including the so-called Inner Fort comprising of Barangays Pembo, Comembo, Cembo, South Cembo, West Rembo, East Rembo, and Pitogo.