The Court of Appeals has denied with finality the Taguig City government’s motion seeking the inhibition of one of the three justices handling the territorial dispute between Makati and Taguig over parts of Fort Bonifacio.
In a resolution dated Feb. 18 and released on Thursday, Justice Marlene Gonzales-Sison of the appellate court’s Special Former Sixth Division rejected Taguig’s call that she inhibit herself from the case due to her husband’s links with Vice President Jejomar Binay.
Sison is the wife of incumbent Manila 6th District Councilor Casimiro “Cassy” Sison, a lawyer who ran under the United Nationalist Alliance (UNA) in the 2013 elections. UNA is headed by Binay, whose son Jejomar Jr. was Makati mayor until his ouster by the Ombudsman last year.
In her resolution, Justice Sison pointed out that the matter involved the two cities’ local officials.
The other division justices, Edwin Sorongon and Ramon Cruz, concurred in the ruling which noted that the arguments raised by Taguig City were but “a duplication of the issues extensively discussed” in the court resolution issued in September.
“Even if we take pause at the imputation that local officials are a factor in this case, we cannot help but point [out that] the city of Makati is no longer under the helm of a Binay but of Mayor Romulo V. Peña Jr.,” the appellate court said.
In August 2013, the court, in a ruling written by Sison, ordered the Taguig City government to immediately cease and desist from exercising jurisdiction over the disputed area and return it to the City of Makati.
The disputed area covers Cembo, South Cembo, East Rembo, West Rembo, Comembo, Pembo and Barangay Pitogo.
The prompted Taguig’s legal office and private lawyers to file a motion for reconsideration later in the month which has yet to be resolved by the appellate court.
Taguig City claimed that Sison, because of her husband’s political links with Binay and UNA—which she failed to disclose to the court—could not claim neutrality, making her unable to render a fair decision.
“There is a suspicion that the decision [of the court] is a ‘political decision’ meant to curry favor with Vice President Binay for future appointment to the Supreme Court,” it said.
“[Councilor] Sison’s affiliation with UNA—whose key personalities strongly advocate that the disputed property is part of Makati—has created a strong suspicion on [Justice] Sison’s impartiality,” the Taguig motion added.
It also cited the damage suit filed by the Binays against Sen. Alan Peter Cayetano, whose wife Lani is the current Taguig mayor.