Daily Tribune‘Even the issue of ownership they don’t want to tackle and it seems they have a different interpretation of the SC ruling and we also have a different view and the best solution is for the court to determine this matter’
Makati City Mayor Abby Binay yesterday filed an "Urgent Motion for Clarification with Prayer for the Issuance of a Status Quo Ante Order" before Branch 153 of the Taguig City Regional Trial Court in a case entitled "Municipality of Taguig (Now City of Taguig) v. Municipality of Makati (Now City of Makati) et al.," Civil Case No. 63896.
The lady mayor, in an ambush interview, said there should be a smooth transiton because they don't want disruption of delivery of basic services to the residents.
In the Urgent Motion, Makati City asked RTC-Taguig to issue a status quo order against Taguig City citing its attempts to unilaterally and arbitrarily implement the Supreme Court's decision without any writ of execution from the trial court and even prior to the metes and bounds of parcels 3 and 4 of
Psu-2031 being determined.
Binay filed the Urgent Motion accompanied by City Administrator Claro Certeza and City Legal Officer Michael Camiña.
The status quo order, which is similar to a cease-and desist order, is an order to maintain the last actual, peaceable, uncontested state of things which preceded the controversy. It was noted in the Urgent Motion that the Supreme Court has consistently ruled that a "status quo order is warranted in order to promote common good as well as protect the public interest."
Binay said the court is the best avenue to address the matter as far as they are concerned because Taguig City doesn't want to sign the writ of execution and the memorandum of agreement Makati City is proposing to have a smooth transition.
"Even the issue of ownership they don't want to tackle and it seems they have a different interpretation of the SC ruling and we also have a different view and the best solution is for the court to determine this matter," Binay said.
According to Mayor Binay, "Makati only wants an orderly administration of the Supreme Court decision with the least disruption to the residents and the uninterrupted delivery of basic services in the affected areas."
EMBO residents
At the moment, Makati City continue to provide the needed services to the affected enlisted men's barrio residents because they don't want interruption and they are the ones giving the funding not Taguig City.
"The problem with them they are choosing what they want to take over what about disaster, garbage collection, school, health services, electricity? There are so many things that should be settled first and as long as there is no writ of execution we will continue to provide services to the residents," Binay said.
Makati City cited a number of "alarming and highly confusing incidents" caused by Taguig's attempt to forcibly execute the SC Decision without a valid writ of execution. These include attempts to enter the premises of a housing project owned by Makati City, as well as to forcibly take possession of several school buildings and health centers in the affected barangays.
"Taguig cannot simply take the law into its own hands and act as it pleases without any writ of execution issued by the court. Because of Taguig's arbitrary, whimsical, and capricious attempts to unilaterally implement the SC Decision in a
piece-meal manner, the people's welfare has been unduly prejudiced by Taguig City and has created unwarranted tension and confusion among the residents and various government agencies," Mayor Binay said.
Makati City noted that the Supreme Court did not expressly order any part of the SC Decision to be immediately executory, nor did it expressly mention in the dispositive part the exact metes and bounds of Parcels 3 and 4 of PSU-2031. Makati City, therefore, asked the trial court to clarify and confirm the necessity of Taguig City first obtaining a writ of execution as well as the court determining the exact metes and bounds of Parcels 3 and 4 of PSU-2031 before the SC Decision can be implemented.
The Urgent Motion will also allow Makati to assert its rights as owner of properties located in the disputed areas. As stated by Mayor Binay, "[t]he present case involves a territorial dispute. It does not involve ownership of properties located within the disputed territory."
