Makati to seek 'clarification' on ownership of EMBO schools in Taguig land row

Makati Mayor Abby Binay on Tuesday said she will seek “clarifications” on the ownership issues of the enlisted men’s barrios (EMBO) public schools affected by the recent Supreme Court (SC) decision on the territorial dispute between the cities of Makati and Taguig. 

Binay made the remark as she asserted that the SC ruling pertains to the cities’ territorial row but not the “ownership” rights of the public schools which were paid for and "owned" by Makati. 

“The DepEd order really pertains to just the teachers because they are employees of DepEd (Department of Education) but the DepEd order does not cover facilities,” Binay told ANC.

“We already have drafts of cases that we will be filing with the courts to seek clarification regarding this issue,” added Binay.

According to Binay, a local government unit (LGU) can own a property in an area under the jurisdiction of another LGU, citing the Manila-owned South Cemetery operating in Makati.

Around 30,000 students coming from the EMBO schools in the ten barangays that used to be part of Makati are caught in between the two cities’ dispute. 

Makati over the weekend accused Taguig of "forcibly" trying to takeover the EMBO public schools. Taguig, however, denied this claim calling it a "lie and another desperate attempt to mislead the public."

In June, the SC rejected the Makati City government's motion asking the high court to allow it to file a second motion for reconsideration over its territorial dispute with Taguig City.

This is in connection to a 2021 SC decision, declaring that the Fort Bonifacio Military Reservation, consisting of parcels 3 and 4, psu-2031, and the ten affected barangays are part of the territory of Taguig City.

Writ of Execution

Makati City Administrator Claro Certeza on Tuesday also claimed that Taguig City should secure a Writ of Execution in order to effect the transfer of jurisdiction of ten barangays. 

Certeza said the Supreme Court's administrator responded to the query of Makati City Regional Trial Court Branch 64 Executive Judge Gina M. Bibat-Palamos regarding the matter. 

"As an initial assessment, the decision of the Supreme Court's Third Division should be the subject of a Writ of Execution before the trial court of origin. When the said writ has been implemented by the Department of Interior and Local Government, then that is the reckoning period for the transfer of jurisdiction of cases emanating from the Fort Bonifacio Military Reservation, consisting of Parcels 3 and 4, Psu-2031, from Makati City to the City of Taguig," Court Administrator Raul B. Villanueva responded.

Certeza said he had written Palamos to seek clarification on the transfer of pending court cases in the affected ten barangays. He received the reply, quoting Villanueva's response, last Monday.

Affected schools

The Department of Education – National Capital Region (DepEd-NCR) previously issued a memorandum transferring the management and supervision of the EMBO schools to the Division of Taguig-Pateros in the incoming school year.

Mayor Binay, however, said that they will seek clarification from Vice President and concurrent Education Secretary Sara Duterte to clarify the parameters of the said memorandum.

“Hopefully they will come up with a more clear DepEd order coming from the central office,” she said. 

Binay also said that they would wait for the advice of the Commission on Audit (COA) regarding the procured school supplies they initially offered to be distributed to the schools, but were supposedly rejected by Taguig.

“We're waiting for is an advice from the COA. The COA will be able to say whether we can...because the position of the city is we have already procured the schools supplies and we just need to distribute it. Sayang naman,” she added. 

Taguig's response

Taguig has issued a new statement on Tuesday and called out Makati for its claim that the city "rejected" its offer of free uniforms and school supplies. 

"Makati City Administrator Claro Certeza is again lying to the public when he announced that officials of Taguig City “rejected an offer from Makati to continue providing free uniforms, shoes, supplies and other school needs of some 30,000 public schools students”... The belated announcement, made in time for the start of the academic year, is maliciously calculated to portray Taguig as an uncaring city," said Taguig in a statement.

"(Taguig) Mayor (Lani) Cayetano maintained that the issue of ownership or  reimbursement should be deferred as it only distracts the parties from the pressing issues that need to be addressed," added Taguig. 

Taguig also claimed that Makati did not cooperate when it asked for details of the students in the EMBO public schools. 

"Taguig requested Makati to provide the data pertaining to number of students per grade level, number of city-hired school employees, types of benefits given to students and teachers, and other relevant information necessary for planning for the schools in EMBO. Unfortunately, Makati simply ignored our request," said Taguig. 

"Despite all the obstacles, delays, and difficulties thrown its way, Taguig is ready to extend to our new students in EMBO all the benefits that we presently give to our students," added Taguig. —VAL, GMA Integrated News