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00:00 I'm Ezra Raya reporting on the hottest issues and the biggest stories.

00:05 This is the Manila Times.

00:07 The Makati versus Taguig turf wars has reached its boiling point as both mayors Abby Binay

00:13 and Lani Cayetano asserted their positions in the 14 schools within the disputed area

00:20 right before the beginning of classes.

00:22 Luckily, the education department stepped in and mediated in time for the opening of

00:27 classes.

00:28 But this is no longer a dispute.

00:30 Taguig has won.

00:32 In a resolution dated June 26, 2023, the Supreme Court upheld the decision of the lower courts,

00:39 which meant that 10 barangays, which was previously part of Makati, are now officially part of

00:45 Taguig based on the map of PSU 2031.

00:50 Because of this, Taguig may now exercise jurisdiction or governance over these contested area.

00:56 However, within these 10 barangays are 14 schools, Hospital ng Makati, Fire Station,

01:04 and Makati City Jail, important infrastructure which was paid for by the taxpayers of Makati

01:10 City caught in the middle.

01:13 The ruling of the Supreme Court was not clear about the ownership of the titles of the schools,

01:18 hospitals, and other buildings owned by Makati.

01:22 How can this be settled?

01:24 Here to share his insights is the University of the Philippines College of Law Professor,

01:30 Justice Rogelio Quevedo.

01:32 Welcome to the Manila Times, sir.

01:34 Sir, for my first question, all government agencies, even the LGUs of Makati and Taguig

01:39 are honoring the decision of the Supreme Court, of course.

01:43 Important infrastructures such as the 14 schools, Hospital ng Makati, University of Makati,

01:49 and even Makati City Jail are owned by the Makati government but are sitting on Taguig's territory.

01:56 So my question is, who has jurisdiction over these institutions?

02:01 There is a very clear precedent on this issue.

02:06 If you are aware, the Manila Boys Town is located in Marikina and the Manila South Cemetery

02:16 is located in Makati.

02:20 So they are still being operated by the City of Manila, although they are located in Marikina

02:31 in the case of Boys Town and in the case of the Manila South Cemetery, it is located in the City of Makati.

02:39 So there should be no legal confusion on that issue because there are already precedents

02:48 and they are still existing now.

02:52 Sir, you're saying that even though these schools, even the university as well as the fire stations

02:59 and the city jail may continue to operate under the city government of Makati

03:05 even though these have been on Taguig's territory?

03:10 If we can apply by analogy the situation of Boys Town in Marikina and the Manila South Cemetery in Makati,

03:20 then if the circumstances will be the same, then they can be operated by the respective local government that owns them.

03:33 The location is immaterial because as I mentioned a while, the Manila Boys Town continues to be operated

03:45 by the LGA of Manila and the Manila South Cemetery is still operated by the City of Manila.

03:54 If you have an accident, a traffic accident in Manila South Cemetery which occurred to me before about 10 years ago,

04:04 probably we had to go to the Traffic Bureau of Manila because even the national government agencies

04:12 recognizes the ownership of these real properties.

04:21 So in that case, Boys Town is still operated by Marikina, South Cemetery is still operated by the City of Manila.

04:30 So that should actually answer any supposed legal confusion.

04:37 The City of Makati, if it can show that these schools are really owned by the LGU of Makati, then it can continue to operate.

04:52 But the question is who really owns them?

04:57 In the case of Boys Town, there's no doubt that Boys Town is owned by the City of Manila.

05:04 In the case of the South Cemetery, there is no doubt that it is owned by the City of Manila.

05:11 So that will be another question that might really reach the Supreme Court again.

05:18 Who owns these properties?

05:20 But as far as properties outside its own territorial jurisdiction, then there is no doubt the City of Makati

05:34 can continue to operate and own properties even beyond its jurisdiction, even beyond its territorial jurisdiction.

05:45 Because as you will remember, academically speaking, the LGU has also governmental powers and has corporate powers.

05:57 In the operation of the Manila South Cemetery and the Manila Boys Town, the LGU of Manila has been operating it in the exercise of its corporate powers.

06:08 Now, if you will assert its governmental powers, then it will be the LGU of Taguig that will have jurisdiction.

06:21 So as I want to emphasize, we must clearly point out who is the owner of these properties.

06:29 They're being located outside the territorial jurisdiction is already immaterial, but the ownership must be completely delineated.

06:40 Sir, on your professional legal opinion, so these institutions, Makati City Government may continue to operate these institutions

06:48 even though they are in Taguig's territory.

06:52 So Makati Mayor Abby Binay cleared that she actually have these titles to these infrastructures.

07:00 So these are owned by the Makati City Government and like you said, she may continue to operate these infrastructures.

07:07 But she also said something about compensation or payments for the buildings or infrastructure

07:13 from Mayor Lani Cayetano if she is to exercise her governance or jurisdiction over these schools, mostly schools.

07:24 So how can this be settled?

07:27 Does the Makati City Government need to get compensation from Taguig or does Taguig need to charge rent from Makati?

07:36 If ownership is clearly settled, then the local government can actually get compensation.

07:47 So if the ownership is in the name of the LGU of Makati, then the LGU of Makati can actually sell these properties.

08:00 Now the contention that this belongs to the people is off-tangent because LGUs have a right to be protected also

08:13 and they also have the constitutional right to own property.

08:18 Remember that LGUs have also their own juridical personality.

08:24 So it's a matter of the two LGUs settling the matter as if it is a transaction between two private parties.

08:34 That's why I want to emphasize you have to differentiate between the exercise of governmental powers and the exercise of corporate powers.

08:45 Now the ownership of the City of Makati and City of Taguig, that can be a novel issue because they might say that

09:02 these are not corporate powers but governmental powers.

09:07 So both may be correct.

09:10 So the legal question that might eventually reach the Supreme Court is whether the schools are an exercise of corporate powers or governmental powers.

09:23 In the case of the South Cemetery, that is clearly corporate powers, the ownership of the South Cemetery.

09:33 Operation of the Manila Boys Town, that is clearly corporate powers.

09:39 Now if someone is in a search of crime, those are governmental powers.

09:52 So that will be a different story.

09:54 So given the circumstances, we have to really clarify between corporate powers and governmental powers.

10:02 Ownership of the school might be contended as exercise of governmental, providing education to the youth.

10:13 So each will have its own reason.

10:16 The Supreme Court will finally have to settle that.

10:19 But at first glance, as I said, if the delineation is clear, like the operation of Boys Town and South Cemetery,

10:28 it is clear that even if those properties are inside the territory of Makati, the City of Manila continues to operate them.

10:37 Those are very good points, sir.

10:41 So going back to what happened, this was during Brigada Escuela.

10:45 So when Mayor Lani Cayetano entered the schools without a written consent or a writ from the court and she entered the schools,

10:57 but then Mayor Abibinay had posted that these are owned by the Makati City Government.

11:04 So I guess both mayors had good points.

11:07 So Mayor Abibinay exercising their corporational powers and Mayor Lani Cayetano was exercising her governmental powers.

11:17 So I guess there's a bit of a gray area there Justice.

11:21 There's another issue there.

11:24 Remember that the City Mayor has the right of visitorial powers over any establishment.

11:33 That might also become an issue, the exercise of visitorial powers by the Chief Executive of the LGU.

11:46 I see. So they cannot refuse Mayor Lani Cayetano from entering the schools and they cannot ban her from them.

11:53 She can enter whenever she wants.

11:56 If the territory ruled by the Supreme Court now belongs to the LGU of Taguig,

12:07 then the mayor of the LGU of Taguig has visitorial powers over the territory of the LGU.

12:17 But again, we must distinguish and delineate whether her visit is an exercise of the visitorial powers of the Chief Executive of the LGU

12:29 or she is exercising her governmental powers.

12:36 If her governmental powers are visitorial powers, visitorial rights,

12:45 to operate the school, to operate, if it is private property, then it belongs to the registered owner.

12:59 So the immediate answer is who has title to it.

13:05 Unless the Supreme Court decides with finality ordering the transfer of the title to these properties,

13:15 as you said, these properties are titled in the name of the LGU of Makati,

13:20 then it is clearly within the powers of the LGU of Makati.

13:27 However, I gave you that opening. The Chief Executive of a local government has visitorial powers to go inside establishments

13:42 and exercise these within reasonable hours.

13:46 So that would mean during business hours.

13:50 She will not conduct unreasonable search and seizure.

13:54 If she conducts search and seizure, you need a court order to issue a search warrant.

14:02 That's why we have to distinguish these matters.

14:06 If she conducts search and seizure, you need already to get a search warrant.

14:14 But if it is an exercise of visitorial powers, that is very clear under the local government code.

14:20 The Chief Executive of the LGU has visitorial powers.

14:24 That's very insightful Justice Ano.

14:28 Is there any other orders that they need from the Supreme Court to exercise their jurisdiction from their,

14:36 of course the ownership of the buildings and their territorial jurisdiction.

14:40 Is there any written order from the court needed?

14:44 Then, the territorial jurisdiction which has already been resolved by the Supreme Court, the Chief Executive of the LGU of Taguig has visitorial powers.

14:54 Now, since the titles are still in the name of the LGU of Makati, the Mayor of Makati as the Chief Executive of the LGU of Makati can still exercise.

15:09 He is still the Chairman of the Board and Chief Executive.

15:15 As I mentioned to you, there is a difference between corporate powers and governmental powers.

15:22 Owning these properties, I mean operating the schools, of course the Department of Education,

15:37 also will have something to say here because remember the school administrators answer to the superintendent of schools.

15:45 They should resolve a lot of things.

15:48 It's better if they talk first and I am sure that Mayor Abbey is a lawyer, also a graduate of the U.College of Law.

15:57 She must also know where she is coming from.

16:01 Thank you so much Justice for shedding light on the matter.

16:05 University of the Philippines College of Law Professor Justice Rogelio Quevedo, thank you very much.

16:11 Thank you for the opportunity.

16:14 [ Silence ]

Makati can operate 14 schools, other institutions in Taguig territory, says law expert

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