Taguig City: Writ of execution not necessary to exercise jurisdiction over 'Embo' barangays | Inquirer

Taguig City: Writ of execution not necessary to exercise jurisdiction over ‘Embo’ barangays

/ 07:59 PM August 17, 2023

OCAD: Jurisdiction change for barangays from Makati to Taguig needs writ of execution

 

MANILA, Philippines — Taguig City on Thursday insisted that it no longer needs a writ of execution to exercise jurisdiction over Fort Bonifacio Military Reservation and the 10 other barangays in Makati, stressing that the Supreme Court decision that favored them is “clear and unambiguous.”

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In a four-page statement issued Thursday, Taguig City said the preliminary injunction issued by the Regional Trial Court of Pasig, which stops Makati from exercising jurisdiction over the inner fort and 10 Embo (Enlisted Men’s Barrios) barangays, is made permanent.

Areas affected by the land dispute include the Inner Fort, composed of Barangays Pembo, Comembo, Cembo, South Cembo, West Rembo, East Rembo, Pitogo, Rizal, Post Proper Northside and Post Proper Southside, and the Fort Bonifacio Military Reservation, where the 240-hectare Bonifacio Global City is located.

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“The nature and tenor of the permanent injunction against Makati do not require a writ of execution for the decision to be implemented,” said Taguig. 

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This comes after the Office of the Court Administrator (OCA) stated that a writ of execution must first be secured in order to effectively transfer the jurisdiction of the areas from Makati to Taguig.

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The 10 barangays have been confirmed and declared as within the territory of Taguig. It is final and executory. As a legal consequence, Makati is automatically and immediately divested of authority over the area. It does not have to do anything. Taguig, by force of the Decision, is legally obliged to immediately exercise jurisdiction over its territory. There cannot be a vacuum in the exercise of jurisdiction on the 10 barangays,” said Taguig. 

Taguig likewise insisted that Makati can no longer exercise jurisdiction over the areas that belong to them, adding that to require a writ of execution is tantamount to the suspension of the binding force of subsisting laws.

The city government further slammed OCA by stating that “its authority does not extend to matters that involve administrative or judicial adjudications.”

“Let there be no doubt about this: Taguig shall pursue all legal remedies against those who act to frustrate, obstruct, delay, or defy and contribute to or abet the defiance or delay in the implementation of the Supreme Court’s Decision,” said Taguig.

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