Supreme Court denies Makati’s motion to file 2nd appeal on territory dispute vs Taguig

MANILA, Philippines – The Supreme Court denied Makati’s appeal to be allowed to file a second motion for reconsideration on the court’s decision on the territorial dispute case against Taguig.

In a resolution dated June 26, 2023, the Supreme Court’s Special Third Division said that the basic issues raised in Makati’s second motion for reconsideration have already been considered and passed upon by the High Court in its 2021 decision.

The Supreme Court “noted without action” Makati’s second motion for reconsideration challenging the said court rulling.

Under the Rules of Court, a second motion for reconsideration is generally prohibited, Supreme Court said in a statement released on Thursday, June 29.

In its April 2022 decision, the Supreme Court’s Third Division ruled with finality that the Fort Bonifacio and the Enlisted Men’s Barangays (EMBOs) are part of Taguig’s territory.

The first omnibus motion for reconsideration of Makati was denied on September 28, 2022. The Supreme Court, likewise, noted in the resolution that the basic issues were already considered and passed upon by the tribunal.

The High Court, also in the September 2022 resolution, denied Makati’s omnibus motion which sought to refer the instant case to the Supreme Court’s en banc.

According to the Supreme Court, the “Court En Banc is not an Appellate Court to which decisions or resolutions of a Division may be appealed.” The High Court added there were no further pleadings, motions, letters, or other communications that will be entertained in relation to the case.

In the recently released resolution, the Supreme Court also “noted without action” the manifestation and motion of Taguig filed last June 13.

Taguig’s manifestation and motion asked the High Court to order Makati and Mayor Abby Binay to show cause why they should not be sanctioned for making certain claims in relation to the present case.

Taguig Mayor Lani Cayetano said that there were social media posts alleging that Binay spoke with President Ferdinand Marcos Jr., First Lady Liza Araneta Marcos, and Chief Justice Alexander Gesmundo, who all supposedly promised to help reopen the case.

The circulation of these social media posts was followed by Binay’s statement in an interview where she said that they received a document setting the case for oral argument. 

The Makati mayor, however, admitted in the same interview that there was no action yet on their omnibus motion.

More than a year after the High Court’s final ruling, there is still little to no progress in the transition of territory between Makati and Taguig.

Department of the Interior and Local Government Secretary Benjamin Abalos Jr. said that they have yet to receive the writ of execution from the Supreme Court on the Makati-Taguig territorial dispute case. Abalos said this was the reason why they could not facilitate the transition. – with reports from Jairo Bolledo/Rappler.com