Supreme Court requires writ for Taguig’s judicial jurisdiction over EMBO

MANILA, Philippines – The Supreme Court (SC) said Taguig must first secure a writ of execution before the city’s courts can assume pending litigations over the EMBO (Enlisted Men’s Barrio) barangays, which used to be part of Makati.

This was the High Court’s response to an inquiry by Makati City Regional Trial Court Branch 64 Presiding Judge Gina Bibat-Palamos with Court Administrator Raul Villanueva.

Makati City Administrator Claro Certeza said he wrote to Palamos last August 11, seeking clarification on the transfer of pending court cases in the 10 affected barangays in Fort Bonifacio. Palamos then raised the issue to the High Court.

“[A]s an initial assessment, the decision of the Supreme Court’s 3rd Division should be the subject of a writ of execution before the trial court of origin,” Villanueva said in a reply dated July 25, 2023.

A writ of execution is a legal order issued by a court that authorizes the enforcement of a judgment or court decision.

Once the Department of the Interior and Local Government (DILG) enforces the writ, that marks the time when jurisdiction for cases from the Fort Bonifacio Military Reservation, including Parcels 3 and 4, Psu-2031, shifts from Makati City to Taguig City, Villanueva said.

Meanwhile, 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 these courts, Villanueva said.

On Monday, August 14, confusion broke out when, weeks before the opening of classes, Taguig started taking over public schools in the EMBO barangays.

These public schools – including their students, teachers, and other personnel – were long under the patronage of Makati City.

In April 2022, the SC’s 3rd Division ruled with finality that the disputed areas – Bonifacio Global City and nearby EMBO barangays – were under the jurisdiction of Taguig.

Last June, DILG Secretary Benhur Abalos told Rappler that they were still waiting for the writ of execution from the SC.

Despite this, Abalos said on Monday that they were forming a transition team for attached agencies of the DILG in Makati and Taguig. These agencies include the Philippine National Police, the Bureau of Jail Management and Penology, and the Bureau of Fire Protection.

Rappler asked whether Taguig has sought a writ of execution from the court, but it has yet to respond as of posting. – Rappler.com