The Court of Appeals has turned down the appeal of Makati City government to reverse its decision issued last March that upheld the ownership of Taguig City over the 729-hectare Fort Andres Bonifacio, popularly known as “The Fort.”
In a five-page resolution, the CA’s Special Former Sixth Division through Associate Justice Edwin Sorongon ruled that it found no basis to grant motion for reconsideration filed by the Makati City government.
In its March ruling, the appellate court granted the motion to dismiss for forum shopping the appeal made by the Makati City government on the July 8, 2011 order of the Pasig City regional trial court enjoining the latter from exercising jurisdiction over the property.
In its motion for reconsideration, Makati City stressed the CA decision would have a deep effect on the political, economic and financial aspects of both Makati and Taguig and their respective constituents.
However, the CA said Makati’s arguments were not sufficient to warrant the reversal of its March 8 decision.
“Guided by the Supreme Court’s categorical and emphatic pronouncements that Makati is guilty of willful and deliberate forum shopping in City of Taguig versus City of Makati, we reiterate that the dismissal of this appeal is but a necessary legal consequence of Makati’s own acts,” the appellate court said.
The CA held that Makati City failed to present new arguments that would convince the court to reconsider its decision.
“We found nothing novel in the other arguments that were propounded in Makati’s motion for reconsideration. These were but a rehash of the issues and arguments raised in its previous pleadings which have already been passed upon and duly addressed in our March 8, 2017 resolution,” the appellate court said.
In a ruling issued last year, the Supreme Court Second Division granted Taguig’s petition and cited the Makati City government in contempt for forum shopping in its legal tug-of-war with the former over the jurisdiction on Fort Bonifacio.
The city government of Makati was found guilty of committing forum shopping when it simultaneously pursued legal remedies for the same case before the Pasig City regional trial court and the CA.
