Court issues injunction vs Makati over EMBO facilities

MANILA, Philippines — A Regional Trial Court (RTC) has issued a writ of preliminary injunction that prevents the Makati city government from obstructing its counterpart in Taguig in operating health centers and other government facilities at 10 enlisted men’s barrios or “embos.”

The writ is effective until the court resolves the case filed by Taguig for the recovery of possession of the properties that Makati closed in 2024, after the Supreme Court ruled that the “embos” were under Taguig’s jurisdiction.

“There is an urgent necessity for the writ to prevent serious damage since the subject properties serve essential public functions, providing critical services to the residents of the embos. Any disruption in their operation could severely impact the delivery of basic government services to the public,” Judge Mariam Bien of Taguig RTC Branch 153 ruled on May 22.

Bien ordered Taguig to post a bond of P50 million, in addition to the P20 million it previously paid, for damages should it not be entitled to the writ.

The Taguig RTC also denied Makati’s petition challenging the injunction on the grounds of forum shopping since Taguig’s case, which deals with property ownership, is different from the pending case before the Court of Appeals, which pertains to clarifications on the Supreme Court ruling from which the tussle started.

In a statement issued yesterday, Taguig Mayor Lani Cayetano, who has won a fifth term in office, said the recent court decision marks a victory for all “embo” residents, who she said had been caught in the tug-of-war between the two cities.

The Taguig RTC issued a 72-hour temporary restraining order (TRO) on May 6 to allow Taguig to open the “embo” health centers, which Makati padlocked in January 2024 after both cities failed to enter into a memorandum of agreement.

The court eventually extended the TRO for 20 days.

Outgoing Makati Mayor Abby Binay previously told The STAR that Taguig has refused to secure a writ of execution – a legal order authorizing the enforcement of a judgment – and to sit down with the city government to discuss how to govern facilities in the formerly disputed areas.

Cayetano, in previous weeks, slammed Binay for prioritizing rent and compensation for the properties rather than providing “uninterrupted delivery of services,” as directed by the national government.

Makati mayor-elect Sen. Nancy Binay on Thursday expressed openness to talk with Cayetano, since “it is difficult to be at odds with your neighboring city,” she told the Kapihan sa Senado forum in Filipino.