Makati–Taguig boundary dispute

On August 5, 2013, after a year and a half of deliberations, the 20-year-long battle was decided in a 37-page decision written by Justice Marlene Gonzales-Sison of the Court of Appeals. The ruling says that jurisdiction over Fort Bonifacio has reverted to Makati from Taguig. The court upheld the constitutionality of Presidential Proclamation Nos. 2475 and 518, both of which confirmed that portions of the aforementioned military camps are under the jurisdiction of Makati. The decision also cited the fact that voters from the barangays that are subject to the dispute between Makati and Taguig have long been registered as voters of Makati, thus bolstering the former's jurisdiction over Fort Bonifacio. Taguig Mayor Lani Cayetano, however, maintained that this decision was not yet final and executory, and asked Justice Gonzales-Sison to recuse herself from the case as it was discovered that her family has close ties with the Binays of Makati.

On August 22, 2013, the Taguig city government filed a motion for reconsideration before the Court of Appeals' Sixth Division, affirming its claim on Fort Bonifacio.[7] With the filing of the motion, Taguig asserted jurisdiction over Fort Bonifacio. According to Taguig's legal department, jurisprudence, and the rules of procedure in the country's justice system, all say that the filing of a motion for reconsideration suspends the execution of a decision and puts it in limbo. On June 15, 2016, in a 27-page decision by the Second Division of the Supreme Court, the court found Makati guilty of direct contempt for forum shopping.[8]

On October 3, 2017, the Court of Appeals upheld its final decision in favor of the city government of Taguig and not Makati. The Supreme Court also found Makati guilty of forum shopping after simultaneously appealing the Pasig Regional Trial Court (RTC) ruling and filing a petition before the Court of Appeals, both seeking the same relief.[9][10] However, Makati maintained its claim over the disputed area.[11]

In a decision released on April 27, 2022, the Supreme Court upheld the 2011 Pasig RTC ruling that declared that the 729 hectares (1,800 acres) Bonifacio Global City complex, along with several surrounding barangays of Makati (Pembo, Comembo, Cembo, South Cembo, West Rembo, East Rembo, and Pitogo), was under the jurisdiction of the Taguig city government.[12] However, Makati released a statement saying that it would continue exercising jurisdiction over areas it controlled until it received an official copy of the decision.[13]

On April 3, 2023, the Supreme Court junked the motion for reconsideration that was filed by Makati to override the court's earlier decision, siding with Taguig. The city government of Taguig released a statement "welcoming the new Taguigeños", referring to the residents of the affected Embo barangays, and saying that the Taguig LGU will start working on the transition and handover of the Embo barangays.[14]

Makati Mayor Abigail Binay claimed that the dispute is "not yet over", stating that her office has received a notice that the Supreme Court has set its case with Taguig for oral arguments. This was contradicted by Supreme Court spokesperson Brian Keith Hosaka, who stated that there are no such documents.[15]

The Taguig city government slammed Binay's comment and also expressed belief that her meeting with President Bongbong Marcos, First Lady Liza Araneta Marcos and Chief Justice Alexander Gesmundo was meant to "undermine the probity of our highest officials and subvert the people's trust in the impartiality of justice".[15] Taguig's mayor sought sanctions against Makati for the statement.[16]

On June 29, the SC rejected Makati's motion to file a second appeal, saying that it is generally prohibited under their rules. It also said its en banc "is not an appellate court" and will not entertain further pleadings in the case. Makati's had filed an earlier motion for reconsideration, which was rejected in 2022.[17]

On October 5, Makati City Mayor Abigail Binay filed a motion for clarification with the petition for the issuance of a status quo ante order before the Taguig City Court branch 153 to facilitate the proper transition of territory. This is the same court where the Taguig-Makati land row started, which was eventually resolved by the High Court in favor of Taguig. The petition came after Taguig and Makati engaged in a dispute over schools and health facilities in Enlisted Men’s Barrios (EMBO) barangays, prompting national agencies to intervene.[18]

For the upcoming Barangay and Sanggunian Kabataan Elections (BSKE) to be held in October 2023, the COMELEC transfers the 10 Embo barangays to Taguig.[27] The DILG has instructed both the cities of Makati and Taguig to assist Comelec regarding the upcoming BSKE.[28] Comelec has also instructed the Office of the Election Officer (OEO) of both Taguig and Makati (second district) to prepare a new list of qualified electoral boards, print new voter's list reflecting the change to Taguig, and ensure that voting centers will be available. Voters in the affected barangays will automatically be transferred to Taguig.[27][28]

The Regional Office of the Department of Education-National Capital Region has issued a memorandum ordering the transfer of the affected fourteen EMBO public schools from the Schools Division Office of Makati to the Schools Division Office of Taguig City and Pateros. A meeting was held between the officials of the SDO Taguig City and Pateros, local officials of Taguig, and the principals of the affected EMBO public schools and tackled that Taguig is ready for the opening of classes in the affected schools on August 29.[29]

The schools would be later placed under the direct supervision of the national Department of Education.[30]

Makati is willing to lease 11 out of 14 public schools in the Embo area.[31]

On September 25, 2023, the City Administrator of Makati Claro Certeza alleged that the Taguig City Government rejected the deals regarding the transfer of health facilities, services and data in the areas affected by the territorial dispute between the cities. The city government of Makati proposed a credit line for Taguig, and offered Taguig the option to lease or purchase the facilities it built on the contested areas. However, the Taguig City Government stated that the proposed deals and memorandums with Makati are “anchored on the false premise that they (Makati) own the land and the health centers built thereon.” The Taguig City Government also accused Makati of violating the agreement with the Department of Health, which stated that both Taguig and Makati shall not take up ownership of existing land and buildings while the transition discussions are on-going.[32][33]

On September 28, 2023, the residents of the Embo barangays are now eligible to receive scholarships from the Taguig City Government. The city said it received 5,000 scholarship application from the 10 Embo barangays, with 387 recipients already receiving their cash allowance within the first two days.[34] Taguig also started giving out cash gifts to senior citizens of the Embo barangays.[35]

With the ruling, the fate of Makati's 2nd district, which covered the disputed area as well as the non-contested barangays of Guadalupe Viejo, Guadalupe Nuevo, and Pinagkaisahan, is uncertain. The remaining barangays does not satisfy the constitutional requirement of having at least 250,000 residents to be represented by a congressional district.[36]

The Makati 2nd district is expected to remain despite not fulfilling the population constitutional requirements even with two barangays.[37]

With this development, Makati may be reduced to a single district, with the Embo barangays forming as a third district for Taguig.[36] Legislation and plebiscite would be still required.[37]