Official downplays CA ruling, says Makati remains ‘rightful owner’ of BGC

Bonifacio Global City (File photo from the Philippine Daily Inquirer)

Makati remains the rightful owner of Bonifacio Global City (BGC), even the Court of Appeals (CA) has ruled that it is part of Taguig, according to a Makati legal officer and spokesperon Michael Arthur Camiña.

In a statement issued on Monday, Camiña clarified on Monday that the recent ruling merely upheld a previous CA decision on case, in which Taguig accused Makati of forum shopping.

“The CA decision did not categorically rule in favor of Taguig,” Camiña said. “ As pointed out by a separate CA decision upholding Makati’s ownership of BGC, Taguig not only failed to present concrete evidence but also presented fake and spurious documents to the courts.”

In its Oct. 3 ruling, the appelate court’s Special Former Sixth Division said Makati failed to provide new grounds to warrant a reversal of its March 8 resolution, which favored Taguig.

Makati City Hall has not received a copy of the decision as of Monday.

The land row between the two local governments covers properties in the revenue-rich BGC, which hosts several upscale shopping malls, condominiums, office buildings and other business establishments.

“Makati’s claim is based on legal and historical evidence that has not been disputed or overturned,” Camiña said. “We will continue to exhaust all legal remedies to assert our rightful claim.”

The official claimed that a 2013 CA ruling lifted the preliminary injunction issued by Pasig Regional Trial Court in 1994 that had prevented Makati from exercising jurisdiction over Post Propert Northside and Post Proper Southside Barangays – which are part of the so-called Inner Fort of the former military camp.

The decision also covers portions of Barangays Cembo, South Cembo, East Rembo, West Rembo, Comembo, Pembo and Pitogo.

The 37-page 2013 ruling, which was penned by Associate Justice Marlene Gonzales-Sison, confirmed that the nine disputed barangays are “within the territorial jurisdiction of Makati City.”

It cited as “constitutional and valid” Presidential Proclamation No. 2745 in 1986 and PP No. 518 in 1990, which reinforced Makati’s ownership of Fort Bonifacio. /atm