(UPDATE) — If a city is given territorial jurisdiction over a particular area, does this mean it now owns all property, including school buildings, in the area?

Makati Mayor Abigail Binay posed this question Tuesday after Taguig’s Public Safety Department tried to take possession of public schools that were once under the jurisdiction of Makati.

• 'Act of bad faith': Makati accuses Taguig of 'forcibly taking over' some public schools

For decades, Taguig City and Makati City have been at odds over the ownership of the disputed properties, as well as the renowned financial district BGC, also known as Fort Bonifacio or The Fort.

Following battles in lower courts which started in 1993, the Supreme Court in December 2021 ruled that the area's territorial jurisdiction falls under Taguig City. The Makati City government then filed an omnibus motion for reconsideration before the SC.

But in a resolution in September last year but only made public in April, the High Court's Special Third Division denied with finality Makati City's motion for reconsideration, saying that the basic issues it raised had been resolved and "duly considered" by the court in its earlier decision.

• Supreme Court rejects Makati's bid for second appeal on Taguig territory row

Speaking to TeleRadyo Serbisyo, Binay said Taguig authorities have failed to secure a writ of execution from the Supreme Court that would explain the ruling further.

"Ang status ay hindi pa rin kumukuha ng writ of execution ang Taguig. 'Yun ang isang status, na lahat ng national agencies pati kami 'yun ang hinihingi namin kasi sa writ of execution, doon ilalatag anong responsibilidad ang ibibigay sa kanila. Kapag nakita mo kasi 'yung decision sa Supreme Court, sinabi lang na ang 3 and 4 sa Taguig. Ganun lang siya, sobra siyang general," Binay said.

"Kahit nga sa case ng eviction, ejectment case, kumukuha ka ng writ of execution at humihingi ka ng tulong sa sheriff kahit ikaw 'yung may-ari ng property."

Binay noted the Supreme Court decision only tackled territorial jurisdiction and not the issue of ownership. "To be clear, Parcels 3 and 4 ay Taguig but the Supreme Court decision was only talking about boundary," she said.

If the Taguig leadership's interpretation is that Parcels 3 and 4 are all owned by Taguig, "ibig sabihin lahat ng kalupaan, lahat ng bahay at lahat ng structure ay sila ang may-ari," Binay noted.

The Makati mayor noted that the public schools that were forcibly being taken over by Taguig’s Public Safety Department were on land procured by the Makati city government using city funds, and not from the Department of Education's budget.

Even the school buildings were built using Makati's funds, she added.

"We procured those properties. It is by sale. Paano mangyayari na sila na ang may-ari by virtue of the Supreme Court decision? Para nilang sinabi, 'yung buong [Bonifacio Global City] ay pagmamay-ari na ng lungsod ng Taguig. We're not talking about political jurisdiction, we are talking about ownership," Binay said.

"City government [ang may-ari]. In fact, ang laki po ng tinitipid ng DepEd at ng national government dahil nakakapagbigay sila ng project sa ibang lugar dahil hindi na kami nakikihati pa sa pondo ng DepEd. Those are all city government properties. It is not even funded by DepEd. Walang usufruct ang DepEd. It is from pure generosity that we are providing this service."

"Kaya nagtataka ako paano sila tumalon from territory to ownership."

One example, she said, of a city government owning property in another city's jurisdiction is the Manila South Cemetery in San Andres.

She said Makati also owns properties in San Francisco Del Monte in Bulacan and Calauan. "Hindi ibig sabihin ang mayor ng Calauan ang nagpapatakbo doon," she said.

Binay said that since ownership of the school buildings built by Makati resides with the Makati City government, she is willing to allow Taguig to use the buildings with just compensation.

"Ako naman ang kakasuhan ng [Commission on Audit] dahil pinagamit ko ng libre. Ang gusto nila pati 'yung bagong upuan, pati 'yung Smart Lab, pati computer, pati projector, pati aircon, lahat 'yun iiwan ko pero hindi sila magbabayad," she said.

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WHO OWNS THE SCHOOL BUILDINGS?

For its part, the Taguig government has denied that it tried to forcibly take over public schools in its territory.

Taguig City said the Department of Education issued a Memorandum Order 2023-735, that transferred the management and supervision of the affected schools from the DepEd Division of Makati to the Division of Taguig and Pateros.

"Taking their cue from the DepEd Order, the public school officials, teachers, parents, community leaders, and the City of Taguig have been conducting regular meetings in preparation for the Brigada Eskwela and the opening of the school year," the statement sent to ABS-CBN News read.

"It is in this context that the DepEd Superintendent of Taguig and Pateros has requested assistance from the City of Taguig, including the deployment of security personnel to ensure the welfare of the students, teachers, and staff, and the peaceful and orderly conduct of the aforesaid activities," it added.

Binay, however, noted that even the DepEd Memorandum Order makes no mention of the ownership of the school buildings "because they don't own the schools."

The mayor said she was willing to allow Taguig use of some of the buildings but not all since it would mean a lack of school buildings for Makati. "Ili-lease ko 'yung ibang properties pero ititira ko 'yung iba para naman sa amin," she said.

Binay, who is a lawyer, said it is important to discuss the transition of operations with the Taguig city government since it affects not just teachers who are receiving additional allowances from the Makati City government but nurses, dentists and other government employees.

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Makati: Taguig rejects school supplies offer for students affected by SC decision

Meanwhile, the city government of Taguig has also allegedly rejected the Makati local government’s offer to continue providing school supplies and uniforms to around 30,000 students.

In a statement, Makati City Administrator Claro Certeza said Binay “proposed a status quo where Makati will continue its services in the affected schools to ease the worries of the students and their parents,” supposedly to prevent any disruption during school resumption.

• Mayor Abby to find ways to support 300K displaced citizens over Taguig dispute

“Mayor Abby proposed a status quo where Makati will continue its services in the affected schools to ease the worries of the students and their parents and avoid disruption in school operations,” based on a statement released to the media on Monday.

• Makati-Taguig school row an issue of ownership: Binay

“The Taguig officials, however, rejected the offer and told Makati to stop distributing the students’ school needs starting this school year,” it added.

The rejection allegedly happened in a July meeting where Binay, Taguig Mayor Lani Cayetano, and officials from the Department of Education were present.

Around 14 schools in the 10 enlisted men’s barangay (EMBO) were covered by the offer, the local government unit said.

“Makati has offered to continue to provide these benefits to ease the worries of the students and their parents. We have asked COA for guidance on how best to proceed, but we are willing and ready any time,” Certeza said.

Binay, for her part, said Cayetano was "evasive" on how much exactly the benefits her city could provide for the students affected by the Supreme Court decision.

"'Yung doon sa ibang gamit, it is not about 'yung gamit. Sana 'yung magulang maintindihan nila na [ito ay tungkol sa] kalidad ng edukasyon. Makati has always been, lagi kaming nagta-top sa competitions. Mas importante 'yung kalidad ng edukasyon rather 'yung gamit," Binay said over Radyo 630.

"'Yung monetary benefits, they have not committed how much they would be able to provide even for 'yung aming SPED students, nagbibigay kami ng allowance," she said.

The Makati government said “the offer still stands” despite Taguig’s move.

MAYOR LANI VOWS SUPPORT TO AFFECTED SCHOOLS

In a statement, Taguig City said Cayetano would provide support to EMBO schools or those affected by the High Court’s decision and appealed to stakeholders for patience and understanding during the transition, and vowed to address students’ concerns.

Her local government has also “prepared school kits which will be distributed to the students soon.”

"Marubdob at masigasig akong makikipag-ugnayan sa mga opisyal ng Department of Education upang masiguro ko na sa pagbubukas ng school year iyong mga pangamba po ninyo, yung mga agam-agam po ninyo, yung mga katanungan po ninyo, unti unting masasagot, malilinawan, at matutugunan," said Cayetano.

The mayor, meanwhile, thanked the national police for intervening during the reported transition drama in some EMBO schools over the weekend, and for maintaining order and peace.

The local government added that Cayetano was “warmly received” by the EMBO schools during the Brigada Eskwela in the Makati Science High School on Monday.

Cayetano also visited the EMBO schools during the Brigada Eskwela launch.

ABS-CBN News has already sought comment from the Taguig local government regarding Makati’s claim on the provision of school supplies and uniform, but it has yet to respond as of this story’s posting.