No need for writ of execution to take control of EMBOs, says Taguig

MANILA, PHILIPPINES – Taguig City asserted that it does not need a writ of execution to exercise its jurisdiction over the Enlisted Men’s Barrios (EMBO) areas which used to be part of Makati City.

In a statement released on Thursday, August 17, Taguig argued that the High Court’s decision was “clear and unambiguous: Parcels 3 & 4 of Psu 2301 (which comprises the 10 barangays) belong to Taguig.”

It further noted that the preliminary injunction issued by the Regional Trial Court of Pasig, stopping Makati from exercising jurisdiction over, making improvements on, or treating as part of its territory, is permanent.

The city said that these court decisions were “inherently self-executing.”

Following this, Makati was involuntarily stripped of its authority over the area, Taguig said. In contrast, Taguig was mandated by the decision to promptly assume control over its territory.

Taguig’s statement came after Office of Court Administrator (OCA) Raul Villanueva through a letter released by Makati City said that a writ of execution must first be secured to allow Taguig to take over pending litigations over the EMBOs.

Taguig dismissed the OCA’s opinion as “non-binding,” casting doubt on its legal jurisdiction.

“While the OCA is mandated to act on matters of public assistance and information requests, its authority does not extend to matters that involve administrative or judicial adjudications,” Taguig said.

Taguig said the OCA’s statement “encourages delay and even defiance, instead of respect and immediate voluntary compliance.”

Last June, DILG Secretary Benhur Abalos told Rappler that they were still waiting for the writ of execution. He said they could not facilitate the turnover of contested territories without the writ.

Recently, Taguig took over the 14 public schools in the EMBO areas. This ignited a verbal squabble between the local chief executives of Taguig and Makati, along with a “banner war” in some schools.

Preventing the situation from spinning out of control was a memorandum of the Department of Education central office to intervene and assume responsibility over the affected public schools.

Amid the chaos, Taguig said it will take all available legal actions against individuals impeding, obstructing, or causing delays in the execution of the Supreme Court’s ruling.  – Rappler.com