Taguig City to keep control of EMBO facilities following court order

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With the court's preliminary injunction, Taguig City will maintain control of the EMBO facilities as the trial continues to determine which city has the better legal claim over them

MANILA, Philippines — The Taguig City government will retain control of the public facilities in the Enlisted Men’s Barrios (EMBO) — the barangays that used to be part of Makati City — after a court issued a preliminary injunction on the issue of ownership of these government establishments.

Taguig City Regional Trial Court Branch 153 issued the injunction on Thursday, May 22, citing sufficient evidence that Taguig has the right to possess and manage the public facilities and structures in question in order to continue delivering services to residents.

“There is urgent necessity for the writ to prevent serious damage since the subject properties serve essential public functions, providing critical services to the residents of the EMBOs. Any disruption in their operation could severely impact the delivery of basic government services to the public,” said Presiding Judge Miriam Bien in the court decision.

Taguig took control of the EMBO facilities on May 6, following the issuance earlier of a 72-hour temporary restraining order (TRO) that barred the Makati City government from intervening. These facilities had been closed for over a year under Makati’s administration. That court later extended the TRO, granting Taguig an additional 17 days to continue its operations.

With the latest development of a court’s preliminary injunction, Taguig will maintain control of the EMBO facilities as the trial continues to determine which city has the better legal claim over them.

Since taking over, Taguig has reopened public amenities such as basketball courts, parks, and recreation centers, restoring access for residents. The city has also resumed operations of health centers and veterinary centers in the EMBO barangays.

Taguig City Mayor Lani Cayetano, who was recently reelected, welcomed the court’s ruling.

“Lubos po naming ikinagagalak ang desisyong ito ng korte. Sa pamamagitan ng preliminary injunction, tuloy-tuloy na ang pagbabalik ng serbisyo sa mga taga-EMBO. Mula sa check-up ng mga buntis, bakuna ng mga bata, gamot ng mga senior, hanggang sa sports at wellnes activities sa mga courts at parke —bawat isa ay may karapatang makinabang,” Cayetano said.

(We wholeheartedly welcome the court’s decision. Through this preliminary injunction, the services to EMBO residents can resume. From prenatal check-ups of women, vaccinations for children, and medicine for senior citizens, to sports and wellness activities in courts and parks —everyone has the right to benefit.)

Cayetano said that Taguig will always prioritize its people over politics.

“Ito ay tagumpay ng bawat residente sa EMBO barangays. Patuloy po naming ipaglalaban ang kapakanan ng ating mga kababayan dahil sa Taguig, sila po ang palagi naming inuuna,” Cayetano said. (This is a victory for every resident in the EMBO barangays. We will continue to fight for the welfare of our people because in Taguig, they will always come first.)

Makati Mayor Abby Binay previously questioned Taguig’s take over of facilities in EMBO. She maintained that the Supreme Court decision was about territorial jurisdiction, not ownership of lots and properties.

Meanwhile, incoming Makati Mayor Nancy Binay, sister of Abby, said she was open to discussing the property issues with Cayetano.

While the question of ownership remains unresolved, Nancy Binay said that she wanted to make sure the uninterrupted access of EMBO residents to social services.

In a three-page legal opinion dated August 29, 2024, Justice Secretary Jesus Crispin “Boying” Remulla said that buildings and structures in the EMBO barangays were under the jurisdiction of Taguig.

However, he noted that the Department of Justice could not definitively determine whether Makati City’s health centers were subject to reimbursement or rent payments to Taguig until the source of funding for their construction was clarified.

The Supreme Court ruled with finality in 2023 that the EMBO barangays fall under the territorial jurisdiction of Taguig, ending decades of legal dispute with Makati. But the transition has been rocky, marked by political bickering and confusion, with residents often caught in the middle.

– Rappler.com