CA junks Pateros’ claim to Fort Bonifacio

The legal battle for the ownership of some parcels of land in Fort Bonifacio is now a toss-up between Makati and Taguig cities after the Court of Appeals (CA) recently dismissed for lack of jurisdiction the Pateros municipal government’s claim over the disputed areas.

In a two- page resolution, the CA’s former Ninth Division denied the motion filed by the municipal government of Pateros seeking the reversal of the appellate court’s Feb. 5 decision that upheld the ruling of the Pasig City Regional Trial Court dismissing its complaint for the judicial declaration and confirmation of certain parcels of land to be within its territorial jurisdiction.

Associate Justice Magdangal de Leon penned the CA decision. Associate Justices Jane Aurora Lantion and Victoria Isabel Paredes concurred with the ruling.

The CA said the petitioner failed to present new arguments to warrant the reversal of its ruling.

The appellate court said there was no grave abuse of discretion on the part of the Pasig RTC when it dismissed the complaint of Pateros for lack of jurisdiction.

The Pasig RTC ruled that it could not exercise jurisdiction over the case because the municipality of Pateros failed to comply with Sections 118 and 119 of the Local Government Code.

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

Section 19 provides that any party may elevate the decision of the city council to the trial court having jurisdiction over the areas in dispute.

The CA pointed out that the complaint brought before the RTC was not a case where the councils jointly rendered a decision resolving the boundary dispute of the parties concerned.

It noted that what preceded the case were resolutions that reflect unilateral acts of the Sangguniang Bayan of Pateros.

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

However, these barangays have been declared part of Makati’s territory by virtue of Proclamations 2475 and 518 issued on Jan. 7, 1986 and Jan. 31, 1991 by former Presidents Ferdinand Marcos and Corazon Aquino, respectively.

The Taguig City government is also claiming ownership of these barangays.

In a ruling issued on July 30, 2013, the CA declared that the property belonged to the Makati City government. But the Taguig City government filed a motion for reconsideration, which remains pending before the appellate court.

The Pateros municipal government’s claim over the barangays was reportedly based on the 1885 Plano de Provincial de Manila, the 1901 Map of Luzon Island and the 1891 Plano de Hacienda de Maricaban.

Pateros maintained that it has been exercising jurisdiction over the disputed areas since 1801, when it was declared an independent town.

The land area of Pateros was reduced during the American regime when the US built and exercised authority over the military reservation known as Fort William McKinley.

It added that when Fort William McKinley was ceded to the Philippine government and renamed as Fort Bonifacio it continued to exercise jurisdiction over the parcels of land.

The municipal government cited Proclamation No. 481 of former President Diosdado Macapagal stating that a certain portion of the land embraced was part of Pateros.

Pateros lost control of the said properties following the issuance of Proclamation Nos. 2475 and 518. It sought the nullification of the two proclamations in its original complaint filed before the Pasig RTC.