MUNTINLUPA, PARAÑAQUE IN LAND DISPUTE, TOO
BY FRANCIS EARL CUETO
THE City of Muntinlupa has taken another move in a bid to resolve a long-standing land dispute with the City of Parañaque over parcels of land in Barangay Sucat, while a similar jurisdiction controversy continues to rage between the cities of Makati and Taguig, all in Metro Manila.
Muntinlupa’s city council (Sangguniang Panlungsod) has already approved Resolution 2023-298 authorizing Mayor Ruffy Biazon to convene a technical working group (TWG) to resolve the jurisdiction dispute with Parañaque over what is now Sitio Bagong Silang in Sucat, Muntinlupa.
“We are aiming for a speedy and favorable resolution of this long-drawn matter, and with the findings of the TWG, our goal is that we have the proper legal foundation for what essentially belongs to Muntinlupa,” Biazon said.
The property the resolution is referring to is the 4.1-hectare parcel in Barangay Sucat that originally belonged to the National Power Corp. (Napocor).
With the decommissioning of the Gardner Power Station and the disposition of its assets in Sucat, former president Gloria Macapagal Arroyo issued Executive Order 68 (s. 2002) directing Napocor to dispose of the said property “to its bona fide occupants” — the residents of what is now known as Sitio Bagong Silang.
Parañaque has since challenged territorial jurisdiction over the sitio, claiming it to be within its boundary. Muntinlupa had taken steps to resolve the dispute, but to no avail.
Muntinlupa’s city council has repeatedly called for a joint session with the legislators of Parañaque as well as Taguig to resolve the deadlock on land and boundary issues, the most recent being Resolution 2023-178, with the goal of resolving the issue in Sitio Bagong Silang and Barangay BF Homes.
The latest resolution gives Biazon the legal authority to convene the TWG and conduct immediate studies and activities to ensure that the land parcels in question, as well as the matter on the city limits of Parañaque and Muntinlupa, are resolved amicably.
Makati-Taguig spat
In another raging jurisdiction dispute in Metro Manila, the Taguig City government — in its land controversy with Makati City — said that they don’t need a Writ of Execution to exercise its jurisdiction over the 10 EMBO areas as the Supreme Court (SC) decision on the matter is “self-executing.”
“The SC decision is self-executing. Government agencies have voluntarily complied conformably to law. Taguig does not need a Writ of Execution to exercise jurisdiction over Fort Bonifacio Military Reservation consisting of parcels 3 and 4 of Psu 2031,” the Taguig LGU said in a statement.
In presenting its legal argument to the media, the Taguig LGU noted that based on the dispositive portion of the Supreme Court’s final decision, it is “clear and unambiguous” to which it cited among others: (a.) Parcels 3 & 4 of Psu 2031 (which comprises the 10 barangay) belong to Taguig; and (b.) The preliminary injunction issued by the Regional Trial Court of Pasig, stopping Makati from exercising jurisdiction over, making improvements on, or treating as part of its territory, Parcels 3 and 4, is made permanent.
“These two dispositions are selfexecuting. The nature and tenor of the permanent injunction against Makati do not require a writ of execution for the decision to be implemented. The 10 barangay within Parcels 3 & 4 have been confirmed and declared as within the territory of Taguig. It is final and executory. As a legal consequence, Makati is automatically and immediately divested of authority over the area,” part of the statement indicates.
“Taguig, by force of the Decision, is legally obliged to immediately exercise jurisdiction over its territory. There cannot be a vacuum in the exercise of jurisdiction on the 10 barangay,” the statement added.
It also emphasized that the respective territories of Taguig and Makati have been defined by law and confirmed by the Supreme Court.
Furthermore, the Taguig LGU said: “The Charters of both Taguig (RA 8487) and Makati (RA 7854) incorporated in their provisions (Section 2) the final disposition of their territorial dispute. The effect of the Supreme Court Decision being incorporated in their Charters is such that the 10 Barangay in Parcels 3 and 4, by force of law, are automatically included in the territory of Taguig, while the same are automatically excluded from the territory of Makati. Makati cannot exercise jurisdiction over an area that belongs to Taguig. To require a writ of execution is to suspend the binding force of subsisting laws.”
Makati must obey the law
“The decision of the SC is part of the laws of the land. Makati’s territory has been delineated by its Charter and the Decision. Why does it not obey? For the officials of Makati to continue to assert jurisdiction over the EMBOs is to violate not only their oaths, but also Section 2 of their very own Charter, as well as the laws on public officers. More than being a party to the case, immediate compliance with the SC Decision is demanded not just by their oaths as public servants but by the laws of the Philippines,” Taguig’s statement noted.
Similarly, Taguig said, all agencies of the government must immediately respect, recognize, and for those particularly affected, voluntarily implement final and executory decisions of the Supreme Court without insisting on a writ of execution.
The Taguig LGU statement came after the Department of Education (DepEd) said that the August 29 school opening is going to push through, including that of the 14 public schools caught in the middle of jurisdiction issues between Makati and Taguig cities.
The DepEd had declared that the Office of the Secretary (OSec), headed by Duterte, would now directly supervise the schools, pending a transition plan on the matter.
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2023-08-19T07:00:00.0000000Z
2023-08-19T07:00:00.0000000Z
https://digitaledition.manilatimes.net/article/281479280957266
The Manila Times
