CA junks with finality Pateros’ claim over part of Makati

THE COURT of Appeals (CA) has junked with finality the civil suit filed by the Pateros municipal government to claim ownership of around 300 hectares in Fort Bonifacio which itself is the subject of an unresolved dispute between two other cities —Makati and Taguig.

Denying Pateros’ motion for reconsideration, the appellate court’s Former Ninth Division upheld its Jan. 29 decision which ruled that the Pasig City Regional Trial Court (RTC) did not commit grave abuse of dis- cretion when it dismissed the complaint filed by the municipality for the judicial declaration and confirmation of certain parcels of land within its territorial jurisdiction.

“Finding the matters raised by appellant are a mere rehash of its previous arguments, and there being no cogent reason to modify, much less reverse our assailed Jan. 29, 2015, decision, the instant motion for reconsideration is denied,” the appeals court said in the twopage resolution issued on Sept. 24 and written by Justice Magdangal de Leon.

The other division members —Justices Jane Aurora Lantion and Victoria Isabel Paredes— concurred in the ruling.

The Pasig RTC had ruled that it could not exercise jurisdiction over Pateros’ claim because the municipality failed to comply with Sections 118 and 119 of Republic Act No. 7160 or the Local Government Code of 1991.

Section 118 mandates that boundary disputes involving a component city or municipality on one hand and a highly urbanized city on the other shall be jointly referred for settle- ment to the respective councils of the parties.

Each council is given 60 days to effect an amicable settlement and if this fails, it is given another 60 days to formally deliberate on the dispute. Only then can the decision of the council be elevated to the lower court with jurisdiction over the disputed area, as provided for under Section 119.

The CA pointed out that the complaint filed by Pateros in the Pasig RTC was not a case where the councils concerned jointly rendered a decision resolving the boundary dispute.

It noted that what preceded the filing of the case were resolutions that reflect unilateral acts of the Pateros municipal council.

The Pateros municipal government’s complaint covers seven barangays, namely, Cembo, South Cembo, West Rembo, East Rembo, Comembo, Pembo and Pitogo with an aggregate area of 3,044,568 sqm.

These barangays were declared part of Makati’s territory by virtue of Proclamations No. 2475 and 518 issued on Jan. 7, 1986, and Jan. 31, 1991, by former Presidents Ferdinand Marcos and Corazon Aquino, respectively. Taguig, however, is also disputing Makati’s claim over the area.

In a ruling issued on July 30, 2013, the appellate court ruled in favor of Makati, prompting Taguig to file a motion for reconsideration which has yet to be resolved.

In staking its claim, Pateros cited old Spanish colonial maps showing the seven barangays as being part of its area from the time it was a barrio of Pasig until 1801, when the municipality became an independent town.