Legal Framework Governing the Dispute
- Sections 2 and 55 of Republic Act No. 7854 (Charter of the City of Makati) stipulate that territorial disputes involving Makati and adjoining LGUs must be resolved by the courts.
- The Supreme Court decision in Mariano vs. Comelec (242 SCRA 211) affirms the exclusive jurisdiction of courts over such disputes.
Issue Regarding Special Patent No. 3596
- Special Patent No. 3596 was issued on 7 February 1995 conveying certain land tracts to Fort Bonifacio Development Corporation.
- The patent references the Municipality of Taguig explicitly but makes no reference to the City of Makati.
- The issuance of this patent does not intend to affect or intrude upon ongoing judicial processes regarding territorial claims.
Interim Declaration on Land Jurisdiction Pending Judicial Determination
- Pending the final court resolution of Civil Case No. 63896 and related cases, the lands subject to dispute shall be deemed situated either in Taguig or Makati.
- This provisional declaration maintains status quo until the court provides a final determination.
Establishment of the Makati-Taguig Boundary Committee
- The Department of Interior and Local Government (DILG) is tasked with forming a special committee.
- The Committee will facilitate non-binding discussions and provide a dialogue forum to explore amicable resolution options.
- Committee Composition:
- Chairman: Secretary of Interior and Local Government
- Members include representatives from:
- Office of the Mayor of Makati
- Office of the Mayor of Taguig
- Congressional Representative of Makati's 1st District
- Congressional Representative of Taguig-Pateros Lone District
- Office of the Solicitor General
- One neutral legal expert appointed by the President
Non-Interference Clause and Effect on Rights
- The Executive Order does not create or grant new rights or privileges over the disputed land.
- It does not alter the status quo nor interfere with judicial procedures.
- Upon final judicial resolution, all official documents, including the Special Patent and related plans, shall be amended and reconciled to align with the court's decision.
Repeal and Effectivity
- Any orders, issuances, rules, or regulations inconsistent with this Executive Order are repealed or modified accordingly.
- The Executive Order takes effect immediately upon issuance.
Formalization Details
- Issued by President Gloria Macapagal-Arroyo on December 8, 2003, in Manila.
- Countersigned by Executive Secretary Alberto G. Romulo.