MANILA (UPDATE)—The Department of Education on Thursday said it is up to the courts to decide who owns 14 schools built by the Makati city government but are now under the territorial jurisdiction of Taguig.

DepEd spokesman Undersecretary Michael Wesley Poa said the department has ordered the formation of a committee to ensure a smooth transition of management of the 14 schools to Taguig. He noted the transition plan will include details on utilities, existing contracts and transfer of teachers.

The 14 schools will be placed under the direct supervision of the Office of the Secretary during the transition, he said.

The Makati local government said the 14 public schools located in the affected barangays in District 2 and would be under the Office of the Secretary's supervision are:

• Fort Bonifacio Elementary School
• Cembo Elementary School
• South Cembo Elementary School
• Pitogo Elementary School
• East Rembo Elementary School
• Rizal Elementary School
• Comembo Elementary School
• West Rembo Elementary School
• Pembo Elementary School
• Makati Science High School
• Benigno “Ninoy” S. Aquino High School
• Tibagan High School
• Fort Bonifacio High School
• Pitogo High School

Poa said the August 29 school opening will not be moved, saying both local governments are in agreement about the issue.

What remains in dispute, he said, is the ownership of the 14 school buildings.

"It is clear there is a Supreme Court decision. Ang pinagtatalunan na lang ay 'yung ownership nung school buildings o structure. Pagdating sa ownership of the shool buildings, hindi po dapat kasama si DepEd. Pwede na pag usapan sa proper forum, whether it is a court or somewhere else," he said in a TeleRadyo Serbisyo interview.

"'Yan po ay disputed actually. Sa DepEd, it would be inappropriate for us to give an opinion on that because that is a legal dispute between the cities. Kasi ang nangyari, itong mga school building ay pinatayo ng Makati noong panahon na ang territorial jurisdiction ay nasa Makati. But with the Supreme Court decision, nalipat na sa Taguig."

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Makati Mayor Abigail Binay welcomed the decision of Vice President and Education Secretary Sara Duterte to take over the management and supervision of the 14 schools.

"We look forward to working wholeheartedly with the transition team created by the Vice President," she said in a statement.

She added: "This decision will greatly ease the worries and concerns of our students, parents and teachers. Kaisa kami ni Vice President Sara sa kanyang layunin. Unahin natin ang kapakanan ng ating mga guro, mga kabataan at kanilang mga magulang."

The Supreme Court earlier ruled with finality that areas comprising the Enlisted Men's Barrios (EMBOs) and the entirety of Fort Andres Bonifacio
belong to Taguig.

Binay, however, said the land and school buildings built in those areas were procured by the Makati City government. She noted the Supreme Court decision only tackled territorial jurisdiction and not the issue of ownership.

"We procured those properties. It is by sale. Paano mangyayari na sila na ang may-ari by virtue of the Supreme Court decision? Para nilang sinabi, 'yung buong [Bonifacio Global City] ay pagmamay-ari na ng lungsod ng Taguig. We're not talking about political jurisdiction, we are talking about ownership," Binay said in an earlier interview.

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Binay said that since ownership of the school buildings resides with the Makati City government, she is willing to allow Taguig to use the buildings with just compensation.

"Ako naman ang kakasuhan ng [Commission on Audit] dahil pinagamit ko ng libre. Ang gusto nila pati 'yung bagong upuan, pati 'yung Smart Lab, pati computer, pati projector, pati aircon, lahat 'yun iiwan ko pero hindi sila magbabayad," she said.

• Sen. Alan Cayetano raises Makati-Taguig row during budget hearing

For its part, the Taguig government has denied that it tried to forcibly take over public schools in its territory.

Taguig City said the Department of Education issued a Memorandum Order 2023-735, that transferred the management and supervision of the affected schools from the DepEd Division of Makati to the Division of Taguig and Pateros.

"Taking their cue from the DepEd Order, the public school officials, teachers, parents, community leaders, and the City of Taguig have been conducting regular meetings in preparation for the Brigada Eskwela and the opening of the school year," the statement sent to ABS-CBN News read.

"It is in this context that the DepEd Superintendent of Taguig and Pateros has requested assistance from the City of Taguig, including the deployment of security personnel to ensure the welfare of the students, teachers, and staff, and the peaceful and orderly conduct of the aforesaid activities," it added.

Makati earlier said the city was willing to provide school supplies and uniforms to around 30,000 students in these areas, which Taguig allegedly turned down.

In response, Taguig Mayor Lani Cayetano said the local government has also “prepared school kits which will be distributed to the students soon.”

Cayetano added she was "warmly welcomed" by these schools.

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