‘The Fort’ dispute far from over

The Court of Appeals (CA) did not overturn a previous court decision upholding Makati’s rightful claim over Bonifacio Global City (BGC), Makati City official said on Monday.

Lawyer Michael Arthur Camiña, Makati City’s legal officer and spokesman, said the ruling merely upheld a previous CA decision issued last March 8 on forum shopping filed by Taguig against Makati.

“The Court of Appeals (CA)

resolution mentioned in media reports today (Monday) did not rule on the legal and historical evidence presented by Makati to support its rightful claim over BGC, which was upheld in another decision by the CA,” said Camiña after the CA denied the appeal of the local government to reverse an earlier ruling, which recognized Taguig’s jurisdiction over Fort Andres Bonifacio or “The Fort.”

Camina said the city government has not received a copy of the said resolution to date.

The city official noted that based on media reports, the said resolution merely upheld the court’s previous ruling on forum shopping, a logical consequence of a Supreme Court decision on the same issue.

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

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

In its 37-page ruling penned in 2013 by Associate Justice Marlene Gonzales Sison, of the CA’s Sixth Division, the appellate court dismissed Taguig’s complaint filed against Makati in 1993 in a Pasig Regional Trial Court for “lack of merit” and confirmed that the disputed area covering some nine barangays are “within the territorial jurisdiction of Makati City.”

The 2013 CA ruling lifted a preliminary injunction issued by the lower court in July, 1994, that had earlier prevented Makati from exercising jurisdiction over barangays Post Proper Northside and Post Proper Southside, which are located in the so-called Inner Fort area of the former military camp, Camiña noted.

Aside from the two barangays, the disputed area also covers portions of barangays Cembo, South Cembo, East Rembo, West Rembo, Comembo, Pembo, and Pitogo.

In its 2013 decision, the CA declared as “constitutional and valid” Presidential Proclamation Nos. 2475 and 518, which reinforced Makati’s ownership of Fort Bonifacio.

Issued by then President Ferdinand Marcos on January 7, 1986, PP No. 2475 disregarded the claim of Taguig over Fort Bonifacio, saying that this fell under Makati’s jurisdiction.

Meanwhile, PP No. 518 issued in 1990 by then President Corazon Aquino reaffirmed that the disputed tracts of land are part of Makati City.