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‘In line with the principle that the accessory follows the principal, the buildings and structures located within EMBO naturally fall within Taguig City’s authority and jurisdiction,’ the DOJ says in its legal opinion
MANILA, Philippines – The Department of Justice (DOJ) said in a legal opinion that buildings and structures located in the Enlisted Men’s Barrios (EMBO) barangays — previously part of Makati City — are under the jurisdiction of Taguig City.
“In line with the principle that the accessory follows the principal, the buildings and structures located within EMBO naturally fall within Taguig City’s authority and jurisdiction,” Justice Secretary Jesus Crispin “Boying” Remulla said in a three-page legal opinion dated August 29, 2024.
The DOJ gave its opinion in response to a query from Department of Health Secretary Teodoro Herbosa, who sought to determine whether the Supreme Court‘s 2023 ruling also transferred ownership of the buildings in the EMBO barangays to Taguig.
Citing the High Court’s decisions in the Makati-Taguig land dispute, Remulla said that the delineation of a local government unit’s boundary identifies the geographical areas where it can exercise powers and functions granted by the Local Government Code and other applicable laws.
He underscored that one of the primary responsibilities of a local government is to provide basic services and facilities, as detailed in Section 17 of the Local Government Code.
“Such basic services and facilities, include, but are not limited to health and social welfare services which these facilities are built within its territorial jurisdiction,” the DOJ said.
The DOJ further noted that “[f]or an LGU to effectively exercise this power, it must also own the lands where these facilities are constructed within its territorial jurisdiction.”
The justice department, however, said it could not definitively determine if Makati City’s health centers are subject to reimbursement or rent payments to Taguig City until the source of funding for their construction is clarified.
In his letter, Remulla also expressed caution about overstepping his authority by issuing opinions that could be perceived as undermining the judiciary. He also noted that a writ of execution has yet to be issued.
It can be recalled that on the first day of 2024, the Makati City government announced that the health centers and birthing facilities in EMBO barangays will be closed down. Following their closure, residents in these barangays lost access to healthcare subsidy from the Makati City government.
In response, the Taguig City government stepped in to offer free teleconsultation services to the affected residents.
The Makati City government argues that the health centers are distinct from the land they stand on and thus remain under its control. However, Taguig City asserts that the Supreme Court ruling granted it jurisdiction over both the land and the structures within the EMBO barangays.
The tug-of-war between the two cities extends beyond barangay health centers, as they also dispute the ownership of schools, barangay halls, hospital, parks, and fire stations in EMBO.
On August 22, 2023, Makati Mayor Abby Binay said that 11 out of 14 public schools in EMBO barangays will be leased to the Taguig City government.
Binay said they will keep the Makati Science High School in Barangay Cembo and the Fort Bonifacio Elementary and High School in the University of Makati, both located in Barangay West Rembo.
The education department, however, denied Makati’s request to oversee these schools because of lack of legal basis and justification. Earlier this year, it was reported that DepEd Taguig-Pateros has taken control of the schools in EMBO. – Rappler.com
