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Taguig’s CA Favor is Not for Ownership: Binay-Cayetano Fight Continues Over BGC

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welcome By: Elena Grace Flores

Makati Mayor Abby Binay clarifies that The CA does not rule that Taguig is the rightful owner of the BGC or Bonifacio Global City. The Court ruling that Makati, not Taguig, is the rightful owner of the BGC is not changed with the latest CA decision that finds Makati’s forum shopping offense.






Youtube video by; ABS-CBN News
[VIDEO]: Hindi Taguig, kundi Makati ang dapat na magmay-ari ng Fort Bonifacio, batay sa desisyon ng Court of Appeals. Binaligtad ng korte ang dating desisyon ng Pasig Regional Trial Court na nagsasabing sakop ng Taguig ang walong pinagtatalunang barangay kabilang na ang lumalagong Bonifacio Global City. Magba-Bandila si Jenny Reyes. Bandila, Agosto 5, 2013, Lunes



Ruling about Makati’s Forum Shopping

The Court of Appeals or CA grants the motion of the Taguig City government to dismiss Makati City’s earlier appeal because of forum shopping. It revives the legal battle of who owns Fort Bonifacio. The March 8, 2017 decision says that the CA through the special sixth division rules that Makati commits forum shopping when it filed the same appeal before two courts. These are the Pasig City Regional Trial Court or RTC and the CA




CA Ruling is not about BGC Ownership

Taguig Mayor Lani Cayetano hails the CA decision as a victory for Taguigeños. She said that the latest CA ruling “essentially put Taguig as the rightful owner of the contested estate.” Makati Mayor Abigail or Abby Binay said that Cayetano’s statement is wrong because the SC never said Taguig owns Fort Bonifacio. It only rules that Makati is guilty of forum shopping with two similar cases filed in two courts.




Ownership Case is Not Dismissed

The order of the case dismissal by the CA confuses the decision of the SC. The Supreme Court only orders the previous lawyers of Makati to pay a fine and not to dismiss the case. Makati swears to use all legal remedies to protect its territorial claim,” Binay added.






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Recent Developments of the Case

On July 30, 2013, the CA rules in favor of Makati and reverses the Pasig court ruling. The CA lifts the injunction earlier imposed on Makati and orders Taguig to cease and desist from exercising jurisdiction over the area. Taguig fights this decision in a motion and argues that Makati commits forum shopping. Taguig filed a motion both in the CA and the SC. On June 15, 3016, the SC favors Taguig and found Makati guilty of forum shopping. Recently, the CA issues the same ruling as the SC but specifies the forum shopping issue only that has nothing to do with ownership. Therefore, BGC remains under its original owner which is Makati that is being contested by Taguig.




http://www.rappler.com/nation/163751-taguig-makati-fort-bonifacio-ca

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