(Photo from the Facebook Page of Commissioner Michelle Gonzales)
Tinga stated that the resolution that adds four more councilors from the original eight to the two districts of Taguig and Pateros, is a violation of the Constitution and the law that created the city charter of Taguig.
"The city ordinance and the Comelec resolution approving it are unconstitutional because neither body has the power to legislate the matter. Only Congress has that power. In fact, the current number of councilors is clearly outlined in the city charter of Taguig, which is an act of Congress," Tinga declared.
Tinga also pointed out that Senate Concurrent Resolution Number 23 has no force and effect of law as it did not go through the proper legislative process, including the requirement that it should be passed in three readings.
Previously, former Senate President Juan Miguel Zubiri and Senator Alan Peter Cayetano had an argument regarding this proposal of Cayetano which Zubiri criticized as rushed and not on the list of matters to be tackled in the Senate on that day.
On September 16, 2024, the Taguig City Council passed Ordinance Number 144, transferring 10 barangays of the Enlisted Men's Barrio (EMBO) to the two districts of Taguig and Pateros and increasing the councilors from eight to 12 in each congressional and councilor district.
Cayetano presented this in the Senate through Senate Concurrent Resolution No. 23, which had a similar content, and it was also presented in Congress by Taguig Congressman Ricardo Cruz.
It was approved by COMELEC through Resolution No. 111069.
The transfer of the 10 EMBO barangays to the two districts of Taguig and Pateros was due to the Supreme Court's decision in 2021 to move these barangays to the jurisdiction of Taguig from Makati City. This was the final decision in the dispute between the two cities over the lands covered by the Fort Bonifacio Military Reservation.
