Writ of execution not necessary to exercise jurisdiction over ‘Embo’ barangays


Taguig City maintains it does not need to obtain a writ to exercise its jurisdiction over 10 contested barangays that were formerly part of Makati City.



In a statement on Thursday, the local government of Taguig was responding to the “supposed initial assessment” from the Supreme Court’s (SC) administrator circulated by Makati City, which states that the former city needs to secure a writ of execution from the court before it can have control over 10 barangays from the latter.

A writ of execution is a legal order that enforces the transfer of a property as a result of a judicial decision and puts into effect a judgment of possession.

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In April 2022, the SC's 3rd Division made a final decision declaring Taguig to be in charge of the contested areas, including Bonifacio Global City and the nearby Enlisted Men’s Barrios (EMBOs).

This decision, according to Taguig City, is “final and executory” and therefore, the requirement from the SC’s Office of Court Administrator (OCA) “does not have the force of law and does not bind Taguig.”

“With due respect to the OCA, Taguig believes the supposed ‘initial assessment’ is not only a non-binding opinion but more importantly beyond the OCA’s legal authority,” the city government said, pointing out that its authority does not extend to administrative or judicial adjudications.



Taguig City added that OCA’s statement “unfortunately encourages delay and even defiance, instead of respect and immediate voluntary compliance” of the judgments of the high court.

“The opinion tends to unwittingly support Makati’s pattern of delaying and obstructing the implementation of the Supreme Court’s Decision,” the city further said.

A few weeks before the opening of the new academic year, public schools in affected barangays became entangled in the land row between the two cities.

Taguig began taking over the public schools, which along with the pupils, instructors, and other staff members that work there, have long been supported by Makati City.

The Department of Education (DepEd) has assumed authority over the 14 schools affected.




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