Makati: Taguig takeover won’t happen sans writ

By Claudeth Mocon-Ciriaco @claudethmc3

THE Makati City government on Tuesday demanded that Taguig City officials should first secure a writ of execution to implement the transfer of jurisdiction of over 10 barangays.

Taguig needs to secure a writ of execution to effect the transfer of jurisdiction over 10 barangays from Makati to Taguig, the Administrator of the Supreme Court said,” Makati said in a news release.

Such, the Makati City statement read, is contained in a reply to a query posed by Makati Regional Trial Court Branch 64 Executive Judge Gina M. Bibat-Palamos to the Office of the Court Administrator.

Meanwhile, as an initial assessment, the decision of the Supreme Court’s Third Division should be the subject of a writ of execution before the trial court of origin. When the said writ has been implemented by the Department of the Interior and Local Government, then that is the reckoning period for the transfer of jurisdiction of cases emanating from the Fort Bonifacio Military Reservation, consisting of Parcels 3 and 4, Psu-2031, from Makati City to the City of Taguig,” stated Court

Administrator Raul B. Villanueva in his reply to Executive Judge Bibat-Palamos dated July 25, 2023.

Makati City Administrator Claro F. Certeza said Villanueva’s response has “set a clear path forward, delineating the necessary steps that must be taken before any jurisdictional transfers can proceed.”

H e explained that he wrote a letter to Palamos last August 11 to seek clarification on the transfer of pending court cases in the 10 affected barangays. On Monday, he received the reply from the executive judge, who quoted Villanueva’s response verbatim in her letter.

V illanueva further stated, “All cases currently filed and pending before the first and second level courts in Makati City should continue to be tried, heard, and decided by the said courts.”

Lying again

MEANWHILE , Taguig City accused Certeza of lying anew to the public when he announced that officials of Taguig City “rejected an offer from Makati to continue providing free uniforms, shoes, supplies and other school needs of some 30,000 public schools students” affected by the final decision of the Supreme Court to return the jurisdiction of 10 barangays from Makati to Taguig.

I n a new release issued on Monday, Certeza said that the offer was made during a meeting called by the Department of Education (DepEd), which was attended by both Mayors Abigail Binay of Makati and Maria Laarni Cayetano of Taguig.

What he deliberately fails to disclose is that he himself was not present during the meeting held on July 18. The belated announcement, made in time for the start of the academic year, is maliciously calculated to portray Taguig as an uncaring city,” Taguig said.

T hey urged Certeza to stick to the facts that Cayetano asked the DepEd for a meeting inasmuch as Taguig needed to prepare for the Brigada Eskwela and opening of the school year and ensure that services to students, teachers, and staff would not be disrupted.

A nd that, during the meeting, Binay promptly made it clear that she would close down all the public schools in the so-called “embo” barangays unless Taguig pays first for the cost of the school buildings or else pays rent for their use.

“ That was the first and only matter she wanted to talk about during the meeting,” Taguig said.

T his shocked Cayetano, Taguig said.

C ayetano, they added, expressed disbelief at such threat.

Mayor Binay, just days prior, was in Facebook live shedding tears for her students and their parents but in private showed no concern at all for their effective expulsion from their schools. She was using the students as bargaining chips for her misguided cause,” they said.

Cayetano maintained that the issue of ownership or reimbursement should be deferred as it only distracts the parties from the pressing issues that need to be addressed.

L ikewise, Cayetano stressed that the focus should be the coming Brigada Eskwela and opening of school year.

O n the other hand, Binay, in passing, reportedly boasted that Makati provides school packages to its students to which Cayetano replied, “Taguig provides similar benefits and thus Makati should not be worried.”

L ater, Binay said that she would ask the Commission on Audit (COA) if she could still spend for the schools and students in embo.

T hen, Taguig City Administrator Atty. Jose Luis G. Montales replied that COA’s opinion is irrelevant to the issue of transition, and that Brigada Eskwela and opening of school year were timelines that would not wait for Makati’s demands and pre-conditions.

“ In the end, the DepEd agreed with Taguig’s position. Mayor Binay, realizing that closing down the schools contradicts her public and crying pronouncement, withdrew her threats and went along with the transition. Consequently, DepEd issued its Regional Memorandum Order No. 2023735 which ordered the transfer of management and supervision of the affected public schools from the Division of Makati City to the Division of Taguig and Pateros,” Taguig said.

A lso, Taguig requested Makati to provide the data pertaining to number of students per grade level, number of city-hired school employees, types of benefits given to students and teachers, and other relevant information necessary for planning for the schools in the affected barangays but Unfortunately, Makati simply ignored our request, Taguig said.

Taguig is ready

DESPITE all the obstacles, delays, and difficulties thrown its way, Taguig assured that it is ready to extend to its new students in the 14 schools all the benefits that they presently give to their students.

We reiterate that we heartily welcome our new constituents. We will work even harder to expand and improve the services we deliver for our new residents,” the Taguig City news release said.

Cooperation

TO achieve this goal without further delay, Taguig urged Makati to cooperate and turn over to Taguig—at least as initial step:

1. Tthe list of Senior Citizens and Persons with Disabilities so we can start giving them door to door their birthday cash gifts;

2. T he list of residents with asthma, hypertension and diabetes so we can deliver monthly house to house their maintenance medicines;

3. The list of residents who are bedridden so our health personnel can visit them regularly and provide them home care;

4. The list of taxpayers so they can immediately avail of our lower tax rates;

5. The streets in embo so motorists can enjoy the No Number Coding policy of Taguig. O ne final note, since Makati boasts to have so much cash and resources, it may consider giving school supplies, uniforms, and shoes to students from local government units devastated by calamities, the Taguig news release added.

Taguig disregarded the rule of law

CERTEZA , on the other hand, accused Taguig of not adhering and disregarding the rule of law.

It is evident that Taguig did not adhere to and disregarded the rule of law by not waiting for a writ of execution. Their unlawful entry in our public schools, without securing the necessary legal processes, clearly demonstrate a lack of respect for established procedures and the principle of jurisdiction,” Certeza said.

C erteza was referring to the launching of the annual Brigada Eskwela at Makati Science High School, which was attended by Cayetano.

S he also visited Fort Bonifacio Elementary School and Fort Bonifacio High School—all three schools are located within the disputed territories.

C erteza appealed to Taguig to adhere to the rule of law to avoid sowing confusion among parents and students and unnecessary tension in barangays affected by the SC decision.

T he Makati official said the city might file criminal and administrative charges against Taguig for its unlawful attempt to take possession of properties owned by Makati.