Taguig holds authority over buildings, structures in EMBO – DOJ

MANILA, Philippines – The Department of Justice (DOJ) said in a legal opinion that buildings and structures located in the Enlisted Men’s Barrios (EMBO) barangays — previously part of Makati City — are under the jurisdiction of Taguig City.

“In line with the principle that the accessory follows the principal, the buildings and structures located within EMBO naturally fall within Taguig City’s authority and jurisdiction,” Justice Secretary Jesus Crispin “Boying” Remulla said in a three-page legal opinion dated August 29, 2024.

The DOJ gave its opinion in response to a query from Department of Health Secretary Teodoro Herbosa, who sought to determine whether the Supreme Court‘s 2023 ruling also transferred ownership of the buildings in the EMBO barangays to Taguig.

Citing the High Court’s decisions in the Makati-Taguig land dispute, Remulla said that the delineation of a local government unit’s boundary identifies the geographical areas where it can exercise powers and functions granted by the Local Government Code and other applicable laws.

 He underscored that one of the primary responsibilities of a local government is to provide basic services and facilities, as detailed in Section 17 of the Local Government Code.

 “Such basic services and facilities, include, but are not limited to health and social welfare services which these facilities are built within its territorial jurisdiction,” the DOJ said.   

The DOJ further noted that “[f]or an LGU to effectively exercise this power, it must also own the lands where these facilities are constructed within its territorial jurisdiction.”

The justice department, however, said it could not definitively determine if Makati City’s health centers are subject to reimbursement or rent payments to Taguig City until the source of funding for their construction is clarified.

In his letter, Remulla also expressed caution about overstepping his authority by issuing opinions that could be perceived as undermining the judiciary. He also noted that a writ of execution has yet to be issued. 

It can be recalled that on the first day of 2024, the Makati City government announced that the health centers and birthing facilities in EMBO