Parts of The Fort in Makati, not in Taguig -CA
Camille Diola (The Philippine Star) - August 5, 2013 - 12:01pm

MANILA, Philippines - The Court of Appeals (CA) Sixth Division ruled that parts of McKinley in Fort Bonifacio are within the boundaries of Makati City and not Taguig City.

Associate Justice Marlene Gonzales-Sison said in a 27-page decision that the 729.15-hectare area is shared by both cities and not solely within Taguig's jurisdiction.

"The complaint of Taguig for lack of merit and that the disputed area comprising of the 'Embo' Barangays and Inner Fort Barangays (Barangay Post Proper Northside and Barangay Post Proper Southside) in Fort Bonifacio are within the territorial jurisdiction of the Makati City," Gonzales-Sison wrote.

The 'Embo' areas include Cembo, South Cembo, West Cembo, East Cembo, Comembo, Pembo and Pitogo.

The case stemmed from a Makati City appeal that Taguig City has wholly claimed the Fort Bonifacio commercial development without a presidential decree and a plebiscite required under the Constitution.

The court ordered Taguig to pay Makati an undisclosed amount as cost of suit and to "immediately cease and desist from exercising jurisdiction within the disputed area."

The ruling added that Taguig City deliberately failed to declare Embo and Inner Fort areas already existed before the Barrio Charter or Republic Act 3590.

By declaring that the territories belong to Makati, the CA decision overturned earlier rulings by the Pasig City Regional Trial Court (RTC) Branch 153 on July 2011 and December 2011.

The dispute started in 1993 when Taguig City officials asked the RTC to place Fort Bonifacio under their jurisdiction.

Associate Justices Hakim Abdulwahid and Edwin Sorsogon concurred with the ruling.

ASSOCIATE JUSTICE MARLENE GONZALES-SISON ASSOCIATE JUSTICES HAKIM ABDULWAHID AND EDWIN SORSOGON BARANGAY POST PROPER NORTHSIDE AND BARANGAY POST PROPER SOUTHSIDE BARANGAYS AND INNER FORT BARANGAYS BARRIO CHARTER CITY COURT OF APPEALS FORT BONIFACIO MAKATI CITY TAGUIG TAGUIG CITY
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