Makati told: Give Taguig access to ‘Embo’ facilities
A Taguig court has issued a 72-hour temporary restraining order (TRO) barring the Makati City government, its officials and personnel from denying their Taguig City counterparts access to and control over government-owned facilities in the “Embo” barangays.
In a 21-page order dated May 5, Executive Judge Loralie Cruz Datahan of the Taguig City Regional Trial Court said the court found the Taguig local government had sufficiently established “extreme urgency” for its TRO application and that it stands to suffer “grave injustice and irreparable injury without the injunctive relief prayed for.”
The TRO prohibits the Makati local government and its representatives from interfering with Taguig’s full and exclusive possession, operation and maintenance of the subject properties in the Enlisted Men’s Barrios or “Embo” barangays for the benefit of its constituents.
These include health centers, day care centers, recreation areas, barangay halls, multipurpose venues, sports complexes, basketball courts, hospital sites and motor pools.
Sought for reaction, Makati City Administrator Claro Certeza said in a statement that they will seek to overturn the TRO.
“Makati shall avail of all legal remedies, whether criminal, civil or administrative, to uphold its rights and hold Taguig and its irresponsible leaders accountable,” Certeza added.
He accused Taguig of repeatedly invoking a Supreme Court decision to commit “unlawful acts,” and stressed that the high tribunal’s ruling was about jurisdiction and not ownership of the disputed properties, including health-care facilities.
“Taguig had two years to improve the health services in the Embos. They had two years to build their own health centers. But they did not. Makati expressed willingness to sit down and have a dialogue with Taguig, but they refused,” Certeza said.
Decadeslong dispute
The civil case stems from a decadeslong territorial dispute between the two cities over 10 Embo villages—Barangays Cembo, South Cembo, Comembo, East Rembo, West Rembo, Pembo, Rizal, Pitogo, Post Proper Northside and Post Proper Southside—dating back to 1993.
In a 2021 decision on G.R. No. 235316, the Supreme Court ruled that the Embo barangays and Fort Bonifacio were within Taguig City’s territorial jurisdiction. The ruling became final and executory on Sept. 28, 2022.
The high court also reinstated with modification a lower court’s decision and made permanent the writ of preliminary injunction issued in 1994, which bars Makati City from exercising jurisdiction over, making improvements on, or otherwise treating the Fort Bonifacio parcels as part of its territory.
Despite the permanent injunction, Taguig alleged that Makati has continued to build on the properties.
It also said that prior demands and attempts to assume possession of the properties, including government-led talks since early 2023, were met with “obstinate refusal” by Makati.
Ongoing defiance
Taguig City cited Makati’s press statements asserting claims of ownership, its use of the properties and the presence of city-branded signs and tarpaulins as evidence of ongoing defiance.
In seeking relief, Taguig government officials said the facilities were critical to providing essential services to residents of the Embos.
It argued that obtaining control of the properties was “a matter of extreme urgency,” as both the city and its constituents “suffer and will continue to suffer grave injustice and great and irreparable injury” due to Makati’s actions.
