INQUIRER FILES
MANILA, Philippines — The Makati Park and Garden, which Taguig’s local government has padlocked, was awarded by the national government to Makati and does not require a business permit to operate, Makati City legal officer Don Camiña pointed out on Monday.
The park, which is within Taguig’s territory, was temporarily closed by the city government on Sunday, saying that it is “operating without necessary permits” in accordance with the Local Government Code.
In a statement, Camiña, clarified that facilities owned by national government agencies and LGUs are exempt from paying business tax and other taxes, which is the purpose for obtaining a business permit.
He also said that the property has been awarded to Makati City through a presidential proclamation which remains valid to this day.
“The property has also been awarded by the national government to Makati by virtue of Presidential Proclamation No. 1916 signed by then President Gloria Macapagal Arroyo on October 14, 2009,” Camiña explained.
“The proclamation has not been nullified and remains valid, according to the Supreme Court decision in G.R. No. 235316,” he added, citing a jurisprudence that backs Makati’s claims on the park.
“Makati rightful owner”
He further said that by insisting that Makati’s LGU needs to secure a permit for the park, Taguig has “effectively confirmed” that Makati is indeed the park’s rightful owner.
“Taguig has confirmed our long-held position that the park and other facilities in the EMBOs are owned by Makati. But we expect Taguig to reverse its position soon,” Makati’s legal officer stressed.
Makati’s claims contradict Taguig LGU’s assertion, which is that another Supreme Court decision in 2022 ruled that Makati Park and Garden belongs to Taguig.
Taguig’s local government was referring to the Supreme Court’s 2022 decision wherein it said that 10 enlisted men’s barrios (EMBO) barangays which were previously under the jurisdiction of Makati City should belong to Taguig City.
“No transfer of ownership”
In response to this, Camiña reiterated that the Supreme Court’s decision involved a boundary dispute and did not mean that properties owned by Makati were immediately transferred to Taguig.
“The Supreme Court decision only granted Taguig territorial jurisdiction over the ten EMBO barangays. It did not transfer to Taguig ownership of properties owned by the City of Makati,” the lawyer said.
The spat over Makati Park and Garden is the latest in a string of heated exchanges between Taguig City and Makati City since the EMBO barangays were transferred to Taguig City in 2022.
Amid the bickering of the two government units, the Philippine National Police has enhanced its presence around the park as a precautionary measure.