J. Albert Gamboa l May 12, 2023 l The Manila Times
TWO cities in Metro Manila have been involved in a protracted land dispute for three decades involving the Fort Bonifacio Military Reservation and seven adjacent barangay (villages). When the territorial squabble started in 1993, both Makati and Taguig were still municipalities and they only attained cityhood status in 1995 and 2004, respectively.
Aside from Fort Bonifacio, the other disputed barangay are Pitogo, Pembo, West Rembo, East Rembo, Comembo, Cembo and South Cembo. The six “Embo” barangay were originally known as “Enlisted Men’s Barrios” that were created in 1949 when the military reservation ― then called Fort McKinley ― was turned over by the United States Army to the Armed Forces of the Philippines (AFP).
The facility was renamed Fort Bonifacio in 1957 under the administration of President Carlos P. Garcia. It subsequently became the permanent headquarters of the Philippine Army and the Philippine Marine Corps. A month before he was overthrown through the EDSA People Power Revolution in 1986, President Ferdinand E. Marcos issued Proclamation 2475, which stated that Fort Bonifacio belonged to Makati.
In 1992, President Corazon C. Aquino signed Republic Act 7227 creating the Bases Conversion and Development Authority (BCDA) to administer former US military bases such as Clark Air Base in Pampanga, Camp John Hay in Baguio and Wallace Air Station in La Union. Her successor, President Fidel V. Ramos, issued Executive Order 40 later that year placing 240 hectares of Fort Bonifacio under the BCDA.
Taguig’s municipal government filed a petition in 1993 asking the Pasig Regional Trial Court (RTC) to define its territorial boundaries and declare unconstitutional Marcos’ decree transferring to Makati certain parts of Fort Bonifacio that were allegedly within the boundaries of Taguig. After almost 20 years of litigation, the Pasig RTC decided to uphold the territorial jurisdiction of Taguig over Fort Bonifacio and seven other barangay of Makati, including the Army and Marines headquarters, the Navy installation, Heritage Park, Libingan ng Mga Bayani, AFP Officers Village, Jusmag and Consular areas.
By then, major portions of Fort Bonifacio had already been developed into the Bonifacio Global City (BGC) business and financial district. This urban transformation was initially carried out by the Metro Pacific Investments Corp. (MPIC) consortium that won the bidding conducted by BCDA in 1995. However, the township project was stalled due to the 1997 Asian financial crisis. Eventually it moved forward when the Zobel de Ayala and Yao Campos families acquired MPIC’s stake in 2003.
Over the years, Makati contested the RTC’s award of Fort Bonifacio to Taguig at the Court of Appeals (CA) and the Supreme Court. It raised constitutional issues while citing adverse effects on its voter base and business environment. Among its contentions were the existence of the Ospital ng Makati in Pembo and the University of Makati’s campus in West Rembo.
But in 2017, the CA affirmed its decision in favor of Taguig and in 2022, the Supreme Court upheld the 2011 Pasig RTC ruling that declared the BGC complex and seven adjoining barangay under Taguig’s jurisdiction ― not in Makati’s second congressional district.
Last month, the high tribunal decided with finality that the Fort Bonifacio Military Reservation belongs to Taguig. Supreme Court spokesman Brian Hosaka explained that the high court dismissed for lack of merit the Makati city government’s omnibus petition requesting that the case be appealed before the Supreme Court en banc. He said the decision was final and executory such that the high court would no longer accept any further motions, letters, pleadings or other communications regarding the closed case.
For its part, the Taguig local government unit (LGU) hailed the Supreme Court decision by stating that “our victory in the courts of law is not merely a vindication of our rights; it is equally a command for us to make good use of this once-in-a-lifetime opportunity to expand our brand of committed public service to new constituents.”
Taguig’s LGU officials vowed to work hand in hand with their counterparts in neighboring Makati during the transition without hampering vital services to their respective constituencies. They are hopeful that Makati’s LGU will cooperate in the smooth transition of the affected barangay to ensure continuous public service for the benefit of the former Makatizens who are now Taguigeños.
Everyone must therefore respect the decision rendered by the highest court of the land after weighing the voluminous evidence in this complex 30-year-old case. After all, adherence to the rule of law is the cornerstone of good governance in a democratic society like ours.
*** The author is the chief finance officer of Asian Center for Legal Excellence and vice chairman of the Finex Ethics Committee. The opinion expressed herein does not necessarily reflect the views of these institutions and The Manila Times. #FinexPhils www.finex.org.ph