Question & AnswerQ&A (EXECUTIVE ORDER NO. 256)
The main subject of Executive Order No. 256 is the declaration on the effect of Special Patent No. 3596 and the establishment of a Makati-Taguig Boundary Committee to address the territorial dispute between the Municipality of Taguig and the City of Makati.
The ongoing legal case is Civil Case No. 63896, pending before the Regional Trial Court of Pasig, Branch 153, since 1993, involving the territorial dispute over certain areas in the former Fort Bonifacio between Taguig and Makati.
According to Sections 2 and 55 of Republic Act No. 7854 and supported by the Supreme Court ruling in Mariano vs. Comelec, it is the courts that have the authority to resolve territorial disputes between the City of Makati and any adjoining government unit.
Special Patent No. 3596, issued on February 7, 1995, conveyed land in the Fort Bonifacio area to Fort Bonifacio Development Corporation and referenced the Municipality of Taguig but made no reference to the City of Makati. It was not meant to intrude into or affect ongoing judicial processes relating to the territorial dispute.
Pending final judicial resolution, the tracts of land subject to the dispute shall be deemed situated in either the Municipality of Taguig or the City of Makati until a final court decision is made.
The Department of Interior and Local Government (DILG) is directed to form the Makati-Taguig Boundary Committee with the purpose of conducting non-binding discussions to explore early resolution of the boundary dispute and to provide a forum for dialogue between Makati and Taguig.
The Committee is composed of the Secretary of Interior and Local Government as Chairman; representatives from the Office of the Mayor of the City of Makati and Municipality of Taguig; representatives from the offices of the Congressional Representatives of the 1st District of Makati and the Lone District of Taguig-Pateros; a representative from the Office of the Solicitor General; and a neutral legal expert appointed by the President.
No, the Executive Order explicitly states it does not create or grant any new rights or privileges, nor does it affect or alter the status quo of the disputed tracts of land or interfere with the judicial process.
Upon final judicial resolution, the statement of location of the properties in the Special Patent and related plans and documents shall be amended, reconciled, and made consistent with the final judicial determination.
Executive Order No. 256 took effect immediately upon its signing on December 8, 2003.