Makati-Taguig dispute: No need for writ of execution

MANILA, Philippines — The Court of Appeals (CA) has ruled that a writ of execution is not needed to enforce a Supreme Court (SC) decision, which declared that the 10 enlisted men’s barrios or “embo” barangays are under Taguig’s jurisdiction and not Makati.

In a ruling promulgated on May 28, the CA’s Third Division denied Makati’s petition for certiorari, which sought to nullify the Taguig City Regional Trial Court (RTC)’s decision that there was no need for the issuance of a writ of execution and/or guidelines for the implementation of the SC order.

The Makati government also asked for the issuance of a status quo ante order, which would halt the transfer of jurisdiction, pending the motion.

The RTC had denied Makati’s motion, prompting the local government to elevate the case to the appellate court.

Makati argued that a writ of execution is necessary for the implementation of the SC order, considering that the dispositive portion of the ruling did not order that any part of it was immediately executory.

Makati also cited the Office of the Court Administrator, which was responding to a query of a Makati court, saying the SC ruling should be subject of a writ of execution.

It also said the Taguig RTC committed grave abuse of discretion when it refused to issue guidelines for the transfer of the embo barangays.

In its ruling, the CA said Makati’s motion for clarification does not present “a justiciable controversy, thus the RTC’s denial of it was warranted.”

The appeals court said Makati’s motion was merely asking for an advisory opinion on the necessity of a writ of execution and guidelines on the implementation of the SC ruling.

The appellate court also said the Taguig RTC committed no grave abuse of discretion in denying Makati’s motion.

The ruling was penned by CA Associate Justice Jaime Fortunato Caringal. It was concurred with by Associate Justices Apolinario Bruselas Jr. and Ruben Reynaldo Roxas.