Abby Binay camp: Taguig can’t claim victory in BGC row

The Taguig city government can’t celebrate just yet.

Makati City’s chief legal officer and spokesperson for Mayor Abigail Binay made this assertion following reports that a recent Court of Appeals (CA) ruling had upheld Taguig’s jurisdiction over Bonifacio Global City (BGC), a revenue-rich area also claimed by Makati.

Lawyer Michael Arthur Camiña on Friday said there was no basis for Taguig officials to say that the March 8 CA ruling “effectively hands over BGC to Taguig.” He was referring to a statement made on Thursday by Taguig Mayor Lani Cayetano.

“The CA did not rule that Taguig is the rightful owner of BGC,” Camiña said.  “The dismissal of Makati’s appeal was based on a technicality and did not overturn its earlier decision upholding Makati as the rightful owner of the disputed territory.”

Denied by SC

In a 17-page resolution penned by Associate Justice Edwin Sorongon, the acting chair of the Special Former Sixth Division of the CA, noted that the Supreme Court had denied with finality the motion for reconsideration filed by Makati on the issue of forum shopping.

The Supreme Court ruled in its Nov. 16, 2016, resolution that “Makati’s own actions have actually given rise to the harm sought to be avoided by the rule against forum shopping as Makati sowed conflicts between the courts in these cases.”

The CA also noted that it was the second time the high court found Makati violating the rule on forum shopping, thus dismissing Makati’s case.

Camiña maintained that the CA order to dismiss Makati’s appeal was in conflict with the decision of the high tribunal that merely ordered the previous lawyers of Makati to pay a fine.

No reversal

“The Supreme Court ruling penalized previous Makati lawyers for forum shopping. It did not order the reversal of the CA’s 2013 ruling in favor of Makati,” Camiña said.

The Makati official recalled that the CA’s sixth division, in a July 20, 2013, ruling, upheld Makati’s jurisdiction over a 729-hectare portion of Fort Bonifacio. It then ordered Taguig “to immediately cease and desist from exercising jurisdiction within the disputed area and return the same to Makati.”

“The [2013] CA decision expressly granted Makati jurisdiction over BGC based on historical facts and evidence. To nullify that ruling based on mere technicality is robbing the Makatizens of what is rightfully theirs,” Camiña said.

The 2013 CA ruling lifted the preliminary injunction issued by Pasig Regional Trial Court in July 1994 that had prevented Makati from exercising jurisdiction over the barangays of Post Proper Northside and Post Proper Southside—which are located in the former Inner Fort area.

Then Makati Mayor Junjun Binay offered a revenue-sharing arrangement with Taguig under a special administrative body that would govern BGC. Taguig rejected Makati’s proposal at the time.—DEXTER CABALZA