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View Poll Results: Whose jurisdiction should Fort Bonifacio be RIGHTFULLY under?
Makati 55 19.64%
Taguig 199 71.07%
Pateros 26 9.29%
Voters: 280. You may not vote on this poll

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Old September 4th, 2013, 07:41 AM   #5401
3cr
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Quote:
Originally Posted by tchitz View Post
Since the PNP-NCRPO (under DILG) is reigning in on their police personnel in both places (Taguig and Makati), how about the Department of Justice under Secretary Leila de Lima? Perhaps, she should talked directly to both Mayors and tell them the applicable laws that applies here and that she expects it to be followed. Or maybe both Mar Roxas and Leila de Lima (DILG and DOJ) should talk to both mayors and tell them how it’s going to be.
Actually even just a Court statement/clarification should do it given that Makati and Taguig are both not in agreement who should have jurisdiction while this case is being heard. Why is the Court remaining silent when they can be the source of wisdom in this matter so to speak? What will it take for them to issue/release one? What's taking them so long to clarify this issue? Nagkakagulo na nga eh ayaw pa linawin who (Taguig or Makati) should get jurisdiction while this case is being heard! Buti pa police may statement na! Tsk, tsk, tsk...

Last edited by 3cr; September 4th, 2013 at 07:58 AM.
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Old September 4th, 2013, 08:45 AM   #5402
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Old September 4th, 2013, 09:42 AM   #5403
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Originally Posted by 3cr View Post
Actually even just a Court statement/clarification should do it given that Makati and Taguig are both not in agreement who should have jurisdiction while this case is being heard. Why is the Court remaining silent when they can be the source of wisdom in this matter so to speak? What will it take for them to issue/release one? What's taking them so long to clarify this issue? Nagkakagulo na nga eh ayaw pa linawin who (Taguig or Makati) should get jurisdiction while this case is being heard! Buti pa police may statement na! Tsk, tsk, tsk...
There really should be no controversy regarding this matter because the Rules of Court is very clear: Taguig has jurisdiction over the inner Fort Bonifacio barangays while the case is being heard. Even the PNP-NCRPO and second year law students like myself know this. Makati should respect the rule of law.
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Old September 4th, 2013, 03:46 PM   #5404
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I cannot understand the rationale for having this avenue of a motion for reconsideration. Is the CA saying that they aren't really sure of their decision? Since there is a right of appeal to the Supreme Court this motion of reconsideration is in my humble opinion superfluous.
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Old September 4th, 2013, 08:24 PM   #5405
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Originally Posted by arianmarketing View Post
During the pendency of the MR, Taguig will continue to exercise jurisdiction over the inner Fort Bonifacio barangays. This is based on Sec. 4, Rule 52 of the Rules of Court (Motion for Reconsideration before the Court of Appeals), which states that:

Section 4. Stay of Execution. The pendency of a motion for reconsideration filed on time and by the proper party shall stay the execution of the judgment or final resolution sought to be reconsidered unless the court, for good reasons, shall otherwise direct.

Had Taguig opted to Appeal the case to the Supreme Court, the same rule will apply, citing Sec. 4 of Rule 56 of the Rules of Court, to wit:

Section 4. Procedure. The appeal shall be governed by and disposed of in accordance with the applicable provisions of the Constitution, laws, Rules 45, 48, Sections 1, 2, and 5 to 11 of Rules 51, 52 and this Rule.

Clearly, Taguig's position in this controversy (as to which city will exercise jurisdiction in Fort Bonifacio while the CA decision is not yet final and executory) is more in accord with the law than the position taken by Makati.
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Originally Posted by arianmarketing View Post
I really hope Makati officials know what they are talking about. They should have given the citation for the alleged jurisprudence which they are relying on. The Rules of Court is clear on the matter. In fact, PNP-NCRPO has just recently issued a statement that Taguig Police will continue to patrol the area pending the resolution of the Motion for Reconsideration filed by Taguig before the CA.

Makati officials must respect the rule of law and be more responsible with their actions and statements made in the media. I'm sure they can do better than that.
Quote:
Originally Posted by arianmarketing View Post
There really should be no controversy regarding this matter because the Rules of Court is very clear: Taguig has jurisdiction over the inner Fort Bonifacio barangays while the case is being heard. Even the PNP-NCRPO and second year law students like myself know this. Makati should respect the rule of law.
Probably it's all just posturing by Makati really and that's why even Makati Police can only position themselves up to McKinley Rd. corner 5th Ave. That's where Makati Police jurisdiction ends and Taguig Police jurisdiction starts as far as the police is concerned based on the statement they released that Fort Bonifacio will be under Taguig police jurisdiction until the Court decision becomes Final and Executory. But the fact remains Binay/Makati's actions are sowing confusion, disruption, and even a sense of uncertainty in Fort Bonifacio. All this confusion, disruptions and uncertainty is not really doing any good for Fort Bonifacio and its current as well as prospective locators. How hard will it be for the Court to just issue a restraining order to nip this in the bud and/or give warning to Makati they will be cited for contempt for not following the rules of the court rather than just leave things alone as it is with Taguig and Makati still fighting over jurisdiction while the case is still being heard by the Court? Surely this case will even be elevated to the Supreme Court if ever the CA does not favor Taguig's MR so this jurisdictional matter as to which City will have control while the Court is hearing this case should really be clarified sooner instead of later because it is apparent that Makati is interpreting the rules of the court very much quite differently than that of Taguig.


Quote:
Makati tells Taguig: Get better lawyers, CA decision is “immediately executory”
http://tribune.net.ph/index.php/metr...g-bgc-locators

The Makati city government yesterday clarified that the filing of a motion for reconsideration by Taguig does not change the fact that the Court of Appeals (CA) decision lifting the injunction order issued against Makati in 1994 by the Pasig Regional Trial Court is “immediately executory.” In a statement, Makati city administrator lawyer Eleno Mendoza urged the Taguig local government led by Mayor Lani Cayetano to comply with the CA decision and respect the rule of law. “With all due respect to the mayor, we suggest that she consult better lawyers. The court has lifted an injunction order, which means Makati is no longer restrained from exercising jurisdiction over the inner Fort Area. Unless restrained by the courts, the lifting of the injunction order is immediately executory,” Mendoza said.

The Makati city administrator also said the filing of a motion for reconsideration does not change the situation. “That is already established jurisprudence. We urge Taguig to comply with the decision and respect the rule of law. If they have new and compelling evidence — not the pieces of evidence described by the court as fake and dubious — then they should present it,” Mendoza said.

Last edited by 3cr; September 4th, 2013 at 09:11 PM.
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Old September 5th, 2013, 02:11 AM   #5406
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Makati eyes suit vs cops over BGC turnover

Source

MANILA, Philippines - The Makati City government on Wednesday said it would be filing contempt charges against officials of the National Capital Region Police Office led by its director, Chief Superintendent Marcelo Garbo Jr. over the latter's alleged refusal to comply with the Court of Appeals ruling returning to Makati and the Makati Police, jurisdiction over the Inner Fort area which includes the Bonifacio Global City (BGC)
“We will bring them to court. The NCRPO is duty-bound to enforce the decision of the Court of Appeals. Their refusal to do so can be seen as open defiance of the court,” Makati Mayor Jejomar Erwin S. Binay said.
“The decision is clear. The injunction order has been lifted. Makati can now resume exercising jurisdiction. This is something that law enforcers know and there should be no second guessing here,” he added.
Media reports quoted NCRPO deputy director for administration Chief Supt. Pat Hernandez as saying that Fort Bonifacio, including BGC, will remain under the control of the Taguig City Police.
NCRPO spokesperson Chief Insp. Robert Domingo reportedly confirmed the announcement, stating that pending directives from higher headquarters, they will observe the status quo.
On Tuesday, Makati called on Taguig to respect the rule of law and comply with the CA ruling, maintaining that it was “immediately executory” regardless of the filing of a motion for reconsideration by Taguig with the appellate court.
In a statement, Atty. Eleno Mendoza, Makati city administrator, advised Taguig Mayor Lani Cayetano to consult better lawyers, stating that “unless restrained by the courts, the lifting of the injunction order is immediately executory.”
Taguig City Mayor Lani Cayetano meanwhile countered that the motion of reconsideration Taguig had filed last Thursday before the Court of Appeals (CA) stays the execution of the appelate court's July 30 decision awarding jurisdiction over the Fort Bonifacio area to Makati City.
Cayetano also appealed to Makati to respect the rule of law on the matter and wait for a final resolution on the case before undertaking any action or issuing any statement that will only sow confusion and tension in the disputed territory.
“With the filing of MR, we again would like to clarify that status quo prevails in Fort Bonifacio. Taguig will continue to exercise jurisdiction over Fort Bonifacio. I assure all our constituents in the area, including the business community in Bonifacio Global City, that the local government is on top of the situation,” Cayetano said.
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 court decision.
“So let's all be responsible and not confuse the residents and business community and sow tension amongst our own people. Let’s be responsible enough to take care of our constituents and their safety,” Cayetano said. - Mike Frialde
*** end ***
Talagang mapilit si Binay. Ay salamat, Makati will be filling contempt charges. Sana totohanin nila para makita natin kung siya ang tama o mali. he he he.
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Old September 5th, 2013, 02:38 AM   #5407
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Dang what's the Court waiting for? Why not issue a clarification and/or restraining order yet to make clear who should have control while this case is being heard in our Court system? Surely this case will even be elevated to the SC if ever the CA does not favor Taguig's MR so this jurisdictional matter as to which City will have control while the Court is hearing this case should really be clarified by the Court sooner instead of later because it is apparent that Makati is interpreting the rules of the court very much quite differently than that of Taguig. Now Makati is even threatening to sue the Police. Ang Gulo! Tsk, tsk, tsk...

Makati eyes charges vs NCRPO for 'defying' Fort Boni decision
http://www.gmanetwork.com/news/story...-boni-decision

Quote:
The territorial row between Makati and Taguig Cities over Fort Bonifacio just got uglier as the Makati City government threatened to hale the Metro Manila police to court over its refusal for now to turn over peacekeeping duties in the disputed area to the Makati police. Makati Mayor Jejomar Erwin Binay Jr. said Metro Manila police head Chief Superintendent Marcelo Garbo Jr. and his officers are defying the Court of Appeals' ruling that returned the Inner Fort to Makati. “We will bring them to court. The NCRPO is duty bound to enforce the decision of the Court of Appeals. Their refusal to do so can be seen as open defiance of the court,” Binay said.

A news release of the city government cited the Aug. 5 decision by the CA's Sixth Division that it said "upheld Makati’s jurisdiction over the more than 729-hectare portion of Fort Bonifacio." It also said the CA ordered Taguig “to immediately cease and desist from exercising jurisdiction within the disputed area and return the same to Makati.” Binay said that with the CA's lifting of an injunction order, "Makati can now resume exercising jurisdiction. This is something that law enforcers know and there should be no second guessing here."
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Old September 5th, 2013, 05:10 AM   #5408
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Mmm... Is that right...

Makati urges Taguig to comply with CA's decision
http://www.sunstar.com.ph/manila/loc...ecision-301225

Quote:
MAKATI City urged Taguig City Mayor Lani Cayetano to comply with the Court of Appeals' (CA) decision for Taguig to "immediately cease and desist from exercising jurisdiction" over parts of Fort Bonifacio, including its sole central business center, Bonifacio Global City (BGC).

"With all due respect to the mayor, we suggest that she consult better lawyers. The court has already lifted the injunction order, which means Makati is no longer restrained from exercising jurisdiction over the inner Fort Area. So unless restrained by the courts, the lifting of the injunction order is immediately executory," Makati City Administrator Eleno Mendoza said in an email to Sun.Star Tuesday. Mendoza also reiterated that the filing of a Motion for Reconsideration (MR) does not change the situation.
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Old September 5th, 2013, 02:25 PM   #5409
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Looks like it has now gone physical...

http://www.youtube.com/watch?v=XfJkeW8ZJIY

I can't believe those thugs are in the government payroll and expect to get pension when they retire.
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Old September 5th, 2013, 03:10 PM   #5410
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It is best for those both living or working at The Fort voice out their issues concerning this matter.

To me, The Fort is better off as an independent special economic zone rather than being part of either Makati or Taguig.
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Old September 5th, 2013, 03:38 PM   #5411
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It is very unfortunate that these things are happening just because one mayor refuses to acknowledge the rule of law. Makati should yield to the rule of law and let the wheels of justice roll.
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Old September 5th, 2013, 03:48 PM   #5412
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Originally Posted by arianmarketing View Post
It is very unfortunate that these things are happening just because one mayor refuses to acknowledge the rule of law. Makati should yield to the rule of law and let the wheels of justice roll.
Makati? Those Taguig thugs dismantled those posters in Makati (McKinley) jurisdiction. The wheels of justice has rolled in favor of Makati via the CA. It;s Taguig who should stand down.
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Old September 5th, 2013, 03:54 PM   #5413
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Originally Posted by arianmarketing View Post
It is very unfortunate that these things are happening just because one mayor refuses to acknowledge the rule of law. Makati should yield to the rule of law and let the wheels of justice roll.
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Old September 5th, 2013, 03:54 PM   #5414
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Originally Posted by GUNDAM168 View Post
Makati? Those Taguig thugs dismantled those posters in Makati (McKinley) jurisdiction. The wheels of justice has rolled in favor of Makati via the CA. It;s Taguig who should stand down.
It is clear that Makati officials are making provocative acts in order to get a reaction from Taguig government. In this regard they were very successful. It is Makati who should refrain from making acts that begs trouble for the sake of the citizens of both cities. At this juncture, I urge Makati lawyers to revisit their law books and jurisprudence. An MR is already filed by Taguig so status quo should be observed.

Last edited by arianmarketing; September 5th, 2013 at 04:07 PM.
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Old September 5th, 2013, 04:20 PM   #5415
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Originally Posted by Manila-X View Post
It is best for those both living or working at The Fort voice out their issues concerning this matter.

To me, The Fort is better off as an independent special economic zone rather than being part of either Makati or Taguig.
If only it were possible, it would most definitely have my full support.
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Old September 5th, 2013, 04:39 PM   #5416
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Originally Posted by arianmarketing View Post
It is very unfortunate that these things are happening just because one mayor refuses to acknowledge the rule of law. Makati should yield to the rule of law and let the wheels of justice roll.
Di pa tayo nasanay basta pera ang pinag uusapan, bale wala ang batas batas na yan. Warlord mentality. Pag yan ang pina-iral, we can throw civility out the window. In the end its all bout the money, money, money
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Old September 5th, 2013, 04:45 PM   #5417
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Originally Posted by arianmarketing View Post
It is clear that Makati officials are making provocative acts in order to get a reaction from Taguig government. In this regard they were very successful. It is Makati who should refrain from making acts that begs trouble for the sake of the citizens of both cities. At this juncture, I urge Makati lawyers to revisit their law books and jurisprudence. An MR is already filed by Taguig so status quo should be observed.
A CA ruling trumps a filed MR everytime. Those POSO thugs of Taguig only shows how Taguig does not deserve BGC. Bumalik na lang sila sa pag fi-fishpen.
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Old September 5th, 2013, 08:28 PM   #5418
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Well so in short what Makati is basically saying is without a Court issued "Restraining Order", Makati maintains jurisdiction by virtue of the recent CA decision giving jurisdiction to Makati despite Taguig's MR / Appeal. Is that interpretation right? Whether it is or not, this is precisely why the Court needs to step in. What's the Court waiting for? Why has the Court not issued a clarification and/or restraining order yet to make clear who should have control while this case is being heard in our Court system? How hard can it be to issue one? What's taking so long? Do it already! The Court's continued silence is not "Golden" in this case. Nagkakagulo na nga deadma pa rin! Tsk, tsk, tsk...

Makati merely resuming control of Fort Bonifacio
http://manilastandardtoday.com/2013/...ort-bonifacio/

Quote:
After the Court of Appeals’ finding Fort Bonifacio part of Makati, the city government is merely resuming control and jurisdiction over the contested property despite Taguig’s claim of status quo, Makati’s legal chief said. Lawyer Pio Kenneth Dasal, head of Makati’s law department, said the CA’s lifting of a 1994 preliminary injunction issued by the Pasig Regional Trial Court against Makati was crucial. “We agree… Taguig may still file an appeal; however, the lifting of the injunction last July 30, 2013 is in itself a recognition on the part of the CA that Makati may now continue exercising jurisdiction over the disputed area unless restrained by the Court,” he said.

Makati urges Taguig to comply with CA's decision
http://www.sunstar.com.ph/manila/loc...ecision-301225

Quote:
MAKATI City urged Taguig City Mayor Lani Cayetano to comply with the Court of Appeals' (CA) decision for Taguig to "immediately cease and desist from exercising jurisdiction" over parts of Fort Bonifacio, including its sole central business center, Bonifacio Global City (BGC).

"With all due respect to the mayor, we suggest that she consult better lawyers. The court has already lifted the injunction order, which means Makati is no longer restrained from exercising jurisdiction over the inner Fort Area. So unless restrained by the courts, the lifting of the injunction order is immediately executory," Makati City Administrator Eleno Mendoza said in an email to Sun.Star Tuesday. Mendoza also reiterated that the filing of a Motion for Reconsideration (MR) does not change the situation.

Last edited by 3cr; September 6th, 2013 at 03:24 AM.
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Old September 6th, 2013, 02:37 AM   #5419
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Banner scuffle worsens Taguig-Makati rift
http://newsinfo.inquirer.net/481931/...ig-makati-rift

Quote:
The dispute between Taguig and Makati just got uglier, with both sides threatening to swap charges following another scuffle between their personnel, the third since the two city governments started asserting their right to exercise jurisdiction over the revenue-rich Fort Bonifacio. At 11 a.m. on Wednesday, members of the Makati Anti-Drug Abuse Council (Madac) chanced upon around 20 to 30 men believed to be from Taguig’s Public Order and Safety Office (Poso) removing “Welcome BGC, Makati” banners on McKinley Road, Barangay (village) Forbes Park. This led to a heated argument which later turned into a shoving match. The scuffle broke up after Makati policemen arrived and intervened. At a press conference Thursday, Makati Mayor Jejomar Erwin Binay Jr. announced the filing of charges.

Meanwhile, the NCRPO shrugged off Binay’s threat to cite it in contempt for not immediately turning over jurisdiction of Fort Bonifacio to the Makati police despite the court ruling. On Monday, NCRPO officials relayed a “verbal directive” to Makati and Taguig officials to observe the status quo, meaning the Taguig police would remain in control of the disputed Fort Bonifacio area. “Those who are held in contempt are those who do not follow a court order. But the court did not issue a directive to us, so what will we be charged with?” NCRPO spokesperson Chief Inspector Robert Domingo told the Inquirer.
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Old September 6th, 2013, 02:45 AM   #5420
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Originally Posted by GUNDAM168 View Post
A CA ruling trumps a filed MR everytime. Those POSO thugs of Taguig only shows how Taguig does not deserve BGC. Bumalik na lang sila sa pag fi-fishpen.
This is exactly what Makati officials want to happen: For people not well-versed in the law to take their side. This strategy by Makati is well-executed and has obviously produced the intended results. They even made a YouTube account and posted the video of the altercation portraying Taguig as the villain. I hope people take the time to verify the facts first as well as study a bit on the law before they take any side on the matter. Do not be too gullible or too naive and always substantiate your argument with solid bases.

Analizing the circumstances of the issue at hand, it will become clear who is the aggressor and who is the victim in this case. There is no denying that the CA decision giving Makati jurisdiction over Fort Bonifacio is not final and executory. The Rules of Court provides for a 15-day period for Taguig to file either a Motion for Reconsideration (CA) or an Appeal (SC). Rule 52, Sec. 1 provides that:

Motion for Reconsideration

Section 1. Period for filing. - A party may file a motion for reconsideration of a judgment or final resolution within 15 days from notice thereof, with proof of service on the adverse party.

xxx

If Taguig did not appeal the CA decision, the following rules will apply:

Rule 51 (Judgment)

Section 10. Entry of judgments and final resolutions. If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules, the judgment or final resolution shall forthwith be entered by the clerk in the book of entries of judgments. The date when the judgement or final resolution becomes executory shall be deemed as the date of its entry. The record shall contain the dispositive part of the judgment or final resolution and shall be signed by the clerk, with a certificate that such judgment or final resolution has become final and executory.

Section 11. Execution of judgment. Except where the judgment or final order or resolution, or a portion thereof, is ordered to be immediately executory, the motion for its execution may only be filed in the proper court after its entry.

In original actions in the Court of Appeals, its writ of execution shall be accompanied by a certified true copy of the entry of judgment or final resolution and addressed to any appropriate officer for its enforcement.

xxx

Now therefore, before a CA decision may become final and executory, the following circumstances must first be present:

First, that after 15 days from receipt of the decision, Taguig did not file an MR or an Appeal; and,
Second, that Makati made a Motion for Execution of judgment after the lapse of 15 days.

The wording of "immediately executory" in the CA decision only means that a Writ of Execution may be issued in favor of Makati even without the entry of judgment provided under Rule 51, Sec. 10. In short, status quo is in effect during the 15-day grace period for the filing of an apropriate motion.

Please note that the 15-day period shall run only after the receipt of Taguig of the CA decision, and not on the date where such decision was rendered.

On August 22, 2013, Taguig filed a Motion for Reconsideration before the CA. With this filing, Taguig can lawfully exercise jurisdiction over Fort Bonifacio, as provided for by Rule 52, Sec. 4 of the Rules of Court:

Section 4. Stay of execution. The pendency of a motion for reconsideration filed on time and by the proper party shall stay the execution of the judgment or final resolution sought to be reconsidered unless the court, for good reasons, shall otherwise direct.

xxx

CLEARLY, it is Taguig who has lawful jurisdiction over Fort Bonifacio in the meantime. This fact should be respected by Makati officials. Hence, they (Makati) should refrain from making statements and actions that tend to add tension to an already heated situation. I am sure that Makati lawyers know all these but they keep on twisting the rules in their favor in order to create confusion and also to get supporters (those who are not knowledgeable about the law).

The putting up of streamers declaring BGC as part of Makati is, at best, premature. It has no legal basis (the CA decision cannot be considered as legal basis until it has become final and executory) and may be considered as unlawful. The funds used for putting up those tarpaulins could have been channeled to some other more beneficial purpose. No other logical explanation may be inferred from such actions by Makati other than to sow confusion, create tension, and/or to bully Taguig.

It is acknowledged that Taguig had also put up banners and streamers but these may be justified as being promotional materials of Taguig because it only contains the perceived advantages of Taguig over other Metro Manila cities. There was no defiance to the CA ruling in this regard.

Be it noted that the PNP-NCRPO has already issued a statement declaring that Taguig police will continue to patrol Fort Bonifacio, pending the final resolution of the herein case. This is consistent with the applicable rules and jurisprudence on the matter. Makati Mayor Binay issued a statement that it is filing a case against the PNP-NCRPO because of the latter's admin issuance, and I urge Mayor Binay to really file the case in order to see once and for all who is in the right.

Quote:
Originally Posted by GUNDAM168 View Post
A CA ruling trumps a filed MR everytime. Those POSO thugs of Taguig only shows how Taguig does not deserve BGC. Bumalik na lang sila sa pag fi-fishpen.
I will not take this final statement against you. I understand that you are just being misled by Makati with their baseless claims. This final statement only bolsters the contention that such claim by Makati is unfounded.

DISCLOSURE: I am a BGC resident since 2004. I have seen this community grow and prosper, and has also seen how the Taguig government actively took part in the growth of BGC. I am biased in favor of Taguig BUT is open to others' opinion provided they provide solid basis. Even though I support Taguig in this battle, I am not its blind supporter as evidenced by the fact that I am against Taguig on the SM Aura issue (see my past posts if you care to verify).

If this information is in any way relevant, or if you simply want to know, I am a Management Engineering graduate from the Ateneo de Manila University-John Gokongwei School of Management (JGSOM) and is currently a second-year law student at the University of the Philippines-College of Law. I am a working student.

Oh, and I forgot to mention, I was also a former Makati resident. My family still owns the house in Makati.

Last edited by arianmarketing; September 6th, 2013 at 02:55 AM.
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