(Eagle News) — The Court of Appeals on Wednesday effectively ruled Taguig was the rightful owner of the hotly contested Bonifacio Global City, after it granted its motion to dismiss Makati’s rival claim on the grounds of forum shopping.
In granting the motion to dismiss filed by Taguig on Aug. 23, 2016, the appellate court took note of a Supreme Court decision on June 15, 2016, which already found Makati guilty of the “willful and deliberate” act.
The decision stems from a petition for annulment of judgment filed by Makati on July 8, 2011 before the CA.
The petition challenged an earlier decision made by a Pasig court that favored Taguig in the BGC dispute.
According to the High Court, the petition for annulment of judgment on the basis of Rule 47 of the 1997 Rules of Civil Procedure and the motion ad cautelam filed by Makati before the appellate court were “fundamentally the same.”
It said they both aim for the “setting aside of a judgment in order that a favorable one may take its place.”
It added the Rule 47 petition was “not even opportune,” as it was “not as if (Makati) was left with no other remedy but (the same.)”
“Lack of jurisdiction could have just as easily been raised as an error in its appeal or in its motion for reconsideration,” the High Court had said.
With the High Court ruling “and, in the absence of any justification on the part of Makati,” the appellate court said it “cannot but draw the conclusion that Makati’s simultaneous availment of the aforementioned reliefs is not a by-product of mere thoughtlessness or negligence but willful and deliberate act of forum shopping” which “has sowed conflicts between the courts.”
“The Supreme Court has now spoken. Ineluctably, we must adhere,” the CA said.
Victory for Taguig
In a statement, Mayor Lani Cayetano hailed the CA decision as a victory for Taguigeños.
“Taguig desires to work with its neighbors. We have common challenges with massive urbanization. People need our services in planning, infrastructure, health and education programs, as well as anti-crime and anti-drug campaigns. We can only solve these problems if we work together,” the mayor said, in an apparent reference to Makati.
“We continue to think big and work to be the most investment-friendly city,” she added.
But in a statement, Makati said it would “exhaust all legal remedies to protect its territorial jurisdiction.”
“The order of dismissal of the CA is in conflict with the decision of the (SC) that merely ordered the previous lawyers of Makati to pay a fine and not to dismiss the case,” Don Michael Camiña, city administrator, said.
He added “based on the merits, the court has ruled that Makati, not Taguig, is the rightful owner of BGC.”
