Monday, August 5, 2013

Court of Appeals Has Declared The Fort as Part of Makati City

Wazzup Pilipinas!

"The Court of Appeals has declared portions of Fort Bonifacio, including the upscale locale of Bonifacio Global City, all in all a total of 729 hectare, as being part of Makati City and not Taguig City.

This sort of ends a 20-year legal battle that started during congressional debates over Makati’s cityhood.

The CA’s Sixth Division ordered the Taguig City government to “cease and desist” from exercising jurisdiction over several areas within Fort Bonifacio, which were earlier declared part of its territory.

I'm sure this decision will be tried and tested in the Supreme Court - the last resort by means of law.

Also, Makati taxes are higher than Taguig. This might have some implications for those who are situated in the Fort.

Cembo, South Cembo, East Rembo, West Rembo, Comembo, Pembo and Pitogo—as well as the Inner Fort Barangays (Barangay Post Proper Northside and Barangay Post Proper Southside) are included in the said areas. This is in accordance to the 37-page ruling written by Associate Justice Marlene Gonzales-Sison. Concurring with the ruling were Associate Justices Hakim Abdulwahid and Edwin Sorongon.

The appellate court also declared as constitutional Presidential Proclamation 2475 issued by then-President Ferdinand Marcos on January 7, 1986, disregarding the claim of Taguig over Fort Bonifacio by stating that the area falls under the jurisdiction of Makati City.

Also declared as valid was Proclamation  518, modifying Proclamation  2475 which declared that the tracts of land are situated in Makati City although they are parts of Fort Bonifacio.

The court also said that proximity-wise, Makati City’s claim was more credible than Taguig’s. It also took into consideration the delay on the part of Taguig in filing the complaint.

At stake in the decision were local tax revenues and the prestige that emanates from one of the trendiest places in the country.

Residents of The Fort's luxury condos, including the ill-fated Serendra complex, can now call themselves residents of Makati and no longer of the less chic Taguig, unless of course the decision is overturned by the Supreme Court."

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