To Taguig goes revenue-rich Bonifacio Global City. 鈥擨NQUIRER PHOTO
The ritzy Bonifacio Global City (BGC) rightfully belongs to Taguig City, not Makati City, according to the Court of Appeals (CA).
The court made the reiteration as it rejected anew the Makati City government鈥檚 appeal for it to void its previous decision, which recognized Taguig鈥檚 jurisdiction over a prime 729-hectare land located within the former military camp Fort Bonifacio.
The land row between the two local governments covers properties in the revenue-rich BGC, which hosts several upscale shopping malls, condominiums, office buildings and other business establishments.
In its Oct. 3 ruling which was made public only last week, the appellate court鈥檚 Special Former Sixth Division said the Makati local government had failed to provide new grounds to warrant a reversal of its March 8 resolution that favored Taguig in the decades-long boundary dispute.
鈥淲e found nothing novel in the other arguments that were propounded in Makati鈥檚 motion for reconsideration. These were but a rehash of the issues and arguments raised in its previous pleadings,鈥� it said.
The five-page resolution was written by Associate Justice Edwin Sorongon and was concurred in by Associate Justices Ramon Cruz and Renato Francisco.
Forum shopping
The court did not give weight to Makati鈥檚 appeal for a 鈥渓iberal interpretation鈥� of the rules on forum shopping since the case involved 鈥渢ranscendental importance involving public interests.鈥�
It also noted that the Supreme Court had ruled in November 2016 that Makati committed 鈥渨illful and deliberate forum shopping鈥� when it sought the reversal of the Pasig City Regional Trial Court鈥檚 鈥渁dverse decision鈥� on the matter, while elevating it to the appellate court at the same time.
鈥淲e reiterate that the dismissal of this appeal is but a necessary legal consequence of Makati鈥檚 own acts,鈥� the appellate court stressed, adding:
鈥淔or it is well-entrenched in this jurisdiction that if the forum shopping is willful and deliberate, both actions 鈥� shall be dismissed without prejudice.鈥�
鈥淲hile it is true that lapses in the literal observance of a rule of procedure will be overlooked when they arose from an honest mistake and when they have not prejudiced the adverse party, we cannot, however, downplay the detrimental effects Makati鈥檚 repetitive acts of forum shopping caused to these cases,鈥� the court said.