Las Piñas judge in hot water

By: Hector Lawas of Journal Online

Officers of the 12,000-strong United BF Homeowners’ Associations Inc. (Parañaque, Las Piñas, and Muntinlupa) yesterday filed an administrative complaint before the Supreme Court against Las Piñas Regional Trial Court Judge Raul Bautista Villanueva of Branch 274 for stopping the installation of water pipes by the Manila Waterworks and Sewerage System and Maynilad Water Services Corp. inside the BF Homes community in Parañaque, Las Piñas, and Muntinlupa.  In a 15-page letter-complaint to Chief Justice Reynato Puno, the UBFHAI stressed that Judge Villanueva should be sanctioned for gross ignorance of the law, grave abuse of discretion, and utterly oppressive conduct.

”The Honorable Supreme Court has time and again cautioned judges not to indiscriminately issue injunctions when the claimed irreparable injury of a party is compensable, or when its issuance will cause injury that will far outweigh the benefit it will serve to the party supposed to be protected,” the UBFHAI said.

The group was accompanied by Parañaque Rep. Roilo Golez during the filing of the letter-complaint before the High Court.

According to the group, Villanueva issued a preliminary injunction against a government infrastructure project being undertaken by MWSS providing water service to the BF Homes community on the motion of developer BF Homes Inc. and its water service company Philippine Waterworks and Construction Corp (PWCC).

He also restrained and extended the effect of the injunction to the Maynilad Water Services Corp. and private contractors, stopping all these agencies from providing water to 12,000 households of BF Homes.

UBFHAI claimed that MWSS was ordered by President Arroyo thru Executive Order 688 issued on February 22, 2007, to provide water services to BF Homes. The EO was anchored on Presidential Decree No. 1345 empowering MWSS to take over the centralized water supply system within its jurisdiction.

“In issuing the preliminary injunction against MWSS, Maynilad Water Services, and all agents acting on their behalf, Villanueva effectively extended for an indefinite period of time the suffering of the thousand of residents of BF Homes who have been waterless for decades. He committed extreme injustice to the residents because he favored a non-existent private interest over public interest,” the group said.

For his part, Villanueva said to allow the MWSS to provide water services to the BF Homes community would be tantamount to taking of private property without just compensation.

He stressed that “taking without just compensation” should not only be construed in the physical sense but includes likewise the taking of the business from BF Homes Inc.(BFHI) and PWCC to provide water service to BF Homes community.

However, the UBFHAI disclosed that BFHI and PWCC no longer have any water service business since 2003. Because of this inability and failure of PWCC to provide water to BF Homes owners, the National Water Resources Board (NWRB) did not renew PWCC’s Certificate of Public Convenience to provide water.

Also, UBFHAI bared that the NWRB denied the PWCC’s motion for reconsideration, prompting the BFHI and PWCC to elevate the matter to the regional trial court.

UBFHAI stressed that the rationale of the prohibition against the whimsical issuances of TROs and injunctions by judges is to avoid disruption of essential government projects in areas of activity critical to the country’s economic development efforts, which, under the Constitution, must be implemented expeditiously and efficiently.

Also the prohibition was bolstered by the issuance of an Administrative Circular No. 11-200 banning the issuance of temporary restraining orders or writs of preliminary prohibitory or mandatory injunctions in cases involving government infrastructure projects.

Waterless BF Homes: No immediate relief

@ Yahoo! Video

Homeowners of BF Homes Parañaque Subdivision are calling the attention of the Supreme Court against a member of the judiciary for gross ignorance of the law, grave abuse of discretion and utterly oppressive conduct.

The complaint is anchored on the preliminary injunction the RTC Judge of Las Piñas issued against a government infrastructure project being undertaken by the Metropolitan Waterworks and Sewerage Corporation and Maynilad.

In issuing a preliminary injunction the Judge effectively extended for an indefinite period of time the suffering of the thousands of residents of BF Homes who have been waterless for decades. In his Order dated July 3, 2009, the Judge committed extreme injustice to the residents because it favored a non-existent private interest over public interest.

The judge ruled in favor of the private, no longer existing, interest of BF Homes, Inc. and PWCC by saying that to allow MWSS to provide water service to the BF Homes community would be tantamount to taking of private property without just compensation. MWSS was restrained in a earlier injunction from taking over the central water reticulation and distribution system of the developer, thus it failed to provide water to residents.

The court said that “taking without compensation” should not only be construed in the physical sense but includes likewise the taking of the business from BF Homes, Inc. and PWCC to provide water service to the BF Homes community.

Good grief! BF Homes Inc. and PWCC no longer have any water service business to speak of. The National Water Resources Board refused to renew in 2003 PWCC’s Certificate of Public Convenience for its failure to provide water to the homeowners.

Incredibly, “the Court considers as of no moment the supposed denial by the National Water Resources Board the application of the petitioner BF Homes for a certificate of public convenience to operate and maintain a waterworks system within BF Homes Subdivision, Barangay BF, Parañaque City. After all, what is vital to therein case is the constitutionality or not of PD No. 1345 and EO No. 688, nothing more, nothing less.”

The Honorable Judge conveniently considered as “of no moment” a very vital piece of information and evidence which clearly showed that BF Homes and PWCC do not have an existing right that stands to be irreparably injured unless a preliminary injunction is issued. The fact that BF Homes and PWCC no longer have a franchise to provide water service to the residents of BF Homes shows only too clearly that they are not entitled to the cloak of protection offered by the writ.

The Supreme Court has time and again cautioned judges not to indiscriminately issue injunctions when the claimed possible irreparable injury of a party is compensable, or when its issuance will cause injury that will far outweigh the benefit it will serve the party supposed to be protected:

No Court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunctions or preliminary mandatory injunction against the government, or any of its subdivisions, officials or any person or entity whether public or private acting under the government direction, to restrain, prohibit … the undertaking or authorization of any other lawful activity necessary for such contract/project.(Section 3(e) of Republic Act No. 8975).

The rationale behind the aforesaid prohibition is to avoid disruption of essential government projects in areas of activity critical to the country’s economic developments efforts, which, under the Constitution, must be implemented expeditiously and efficiently.

This prohibition is bolstered by the issuance of Administrative Circular No. 11-2000 which bans the issuance of temporary restraining orders or writs of preliminary prohibitory or mandatory injunctions in cases involving government infrastructure projects. Section 4 thereof provides that “Any temporary restraining order, preliminary injunction or preliminary mandatory injunction issued in violation of Section 3 hereof is void and of no force and effect.”

Despite the widely touted “inexhaustible water table” as widely marketed and advertised when it opened in 1969, the subdivision, now home to 12,000 households, is waterless for decades. Its developer, BF Homes, Inc. has failed miserably in complying with its representation to ensure that basic utilities such as adequate water supply to the homeowners and residents. The action of the Honorable Judge is therefore tantamount to tolerating and rewarding the utter misrepresentation and dereliction of duty committed by BF Homes, Inc. while penalizing the residents and homeowners of BF Homes in continuously depriving them of much needed potable water.

BF homeowners arise! Aside from the pipe laying and interconnection costs of P38,200 each, you have nothing more to lose but your chains. Grrrr!

Waterless BF Homes: Relief at unconsionable rate?

It will be recalled that over a year ago, Mayor Bernabe was proclaiming that there will be water in notoriously waterless BF Homes. [“Parañaque City’s long wait for water is over”– Inquirer 02/10/07]. In fact, the giant posters and billboards with his ubiquitous pictures and those of President Gloria Macapagal Arroyo and Vice-President Noli de Castro, from the pedestrian overpass in the Sucat Interchange, to other parts of the city and in BF Homes, thank the national officials for bringing water to the subdivision. People are quick to tell us how lucky we are to have water in BF Homes, until we tell them that water is only in the papers and the billboards. Ask any beleaguered homeowner in the village.

As early as 2000, the United BF Homeowners’ Associations, Inc. (UBFHAI) board of directors was already meeting with Maynilad for the interconnection to BF Homes. It was a funny situation because it (Maynilad) would have to sit down separately with BF Homes, Inc. (BFHI) and Philippine Waterworks and Construction Corporation (PWCC) better known as BF Homes Waterworks (BFW), which owns the water system, and the association. Dealing with BFHI is like dealing with a child. In the end, connection was made through UBFHAI’s largest member association (BF Northwest) from the Lopez gate, but only on the scheme whereby BFHI would buy water in bulk and resell it to the homeowners. The directors agreed to the arrangement, just to have the connection made and deal with the other matters later. Indeed, water came in for about two months to the relief of the Parañaque residents of the subdivision.

But this should also be emphasized: Maynilad can only provide 30% of the water consumption needs of the 765 ha. subdivision. It was clear on that from the beginning. What this means is that even if Maynilad supplies BF Homes with water, it will only come up to a little over 30% of our total needs (adding the trickle, if at all, we get from BFHI/BFW), until such time a new and better water source is found.

In early 2001, Maynilad cut off connection to BF Homes for failure of BFHI/BFW to pay its bills. The latter claimed the charges were too high. Of course, it was high because the account was classified commercial. If it consented to have individual meters for homeowners, the rate would have been much lower.

Sometime in 2004, after Meralco shut down power supply to the pumps, again for failure of BFHI to pay its bills, the UBFHAI directors brought the matter to the Housing and Land Use Regulatory Board (HLURB). A meeting was conducted there between UBFHAI, BFHI/BFW and Meralco. It was revealed that BFHI/BFW owed Meralco something like P41 Million in arrears, which it also refused to pay, claiming overpayment in previous billings.

UBFHAI thereafter secured a decision in the case of Arranza, et al. v. BFHI, et al., which it filed way back in 1990, directing the latter to provide 24-hour water supply to the subdivision, failing which, to turn over the water system to UBFHAI. The association moved for an execution pending appeal, but the motion was somehow lost after some government officials intervened, or so we were told. The case is now in the Court of Appeals. This is how things work in this country.

Thereafter, the directors filed a complaint in the MWSS for the turnover of the water system to the homeowners association under the old Presidential decree, but the case was dismissed because at the time, there were no implementing rules and regulations for the decree.

This is not quite understood by the public, but the executive order of President Arroyo, which has been touted to finally make possible the takeover of a subdivision’s water system by the homeowners association, is actually only the implementing rules and regulations (IRR) for the old decree.

The IRR provides that the petition for takeover shall be made by either the developer or the duly constituted homeowners association. But there are other basic requirements for the petition that only the developer can comply with, such as the mandatory pressure tests and the technical data on the pipes and equipment, so that even if the association files the petition, it will not move, until the developer complies with the technical requirements. And in BF Homes, the developer’s intransigence is legend! The problem is thus reduced to a Sisyphean situation.

What is now actually being negotiated is still bulk sale of water to BFHI/BFW as in 2000, but the latter is asking so much [P51/cu.m.], and Maynilad and dear Mayor are reportedly angling for less. [“P49 per cubic meter would be acceptable,” Mayor Bernabe told The STAR – 05/12/08]. The waterworks insists it cannot lower the proposed consumer rate considering the high systems losses due to leakage. The 40-year old water system, dormant for the last 20 years or thereabouts, will leak like a sieve upon activation. Consequently, the lower rate similar to those of other neighbouring subdivisions like Tahanan [P25/cu.m.] is simply not viable.

There was some press release also that Maynilad or the mayor said they will force the take over of the water system, and BFHI reportedly said go ahead, and it will file for an injunction in court. It could too, under the principles of due process and just compensation, since it still owns the system on paper.

The scuttlebutt is that there is an interconnection agreement at P46 per cubic meter negotiated by the mayor which rate he claims is acceptable to BF homeowners. Not surprisingly, BF homeowners are being conditioned to accept the negotiated rate of P46 which is 84% higher to Tananan’s P25 since this is less than that of deepwell water delivered by enterprising water haulers at P85.

The rate of water haulers is high because of the high cost of water extraction and delivery by water tankers. This rate can be reduced to acceptable level if accredited water haulers are allowed in the interim to buy from Maynilad at less than Tahanan’s P25/cu.m. for delivery to BF homeowners.

So, the bottom line is that Maynilad can only provide 30% of the village’s consumption needs, and BFHI/BFW will still buy water in bulk. Takeover of the water supply system is not on the table at the moment. If the scheme goes through, assuming that the homeowners will agree to the unconscionable rate, it should come with a prayer that BFHI/BFW will not refuse to pay its bills in the future as it did in 2001.

The solution to the problem is ultimately in the hands of the homeowners association with the cooperation of BFHI/BFW which the HLURB can help in forging without the attendant politics.

Waterless BF Homes: Is relief in sight?

Mayor Florencio Bernabe Jr. is quoted as asking Maynilad Water Services Inc. to set lower water rates for BF Homes Parañaque residents, who will soon enjoy water dripping from their household faucets after being waterless for many years.

According to him, the city government, homeowners, subdivision developers, and Maynilad representatives have yet to agree on the rates.

“P49 (per cubic meter) would be acceptable,” Bernabe told The STAR, hoping that Maynilad and subdivision developer BF Homes Inc. will consider the amount as the most reasonable rate.

He said he hopes to lower the developer’s proposed price of P51 per cubic meter by P2 so as not to make it too expensive for residents.

The mayor did not disclose that the price he said would be acceptable to BF Homeowners [at P49/m3] is almost twice the cost [at P25/m3] as that of his village Tahanan. See cost analysis table.

Cost per 500 gals (1.89 cu.m.)	BFW	Delivery	Tahanan
Volume (cu.m.)	1.89	1.89	1.89
Cost per cubic meter	55.00	84.66	25
Total cost (per 500 gals.)	103.95	160.00	47.25
Rate proposed by PWCC
Monthly consumption (cu.m.)	28.35	28.35	28.35
Cost per cubic meter	55.00	84.66	25.00
Total monthly cost	1,559.25	2,400.00	708.75
Price difference	220%	339%	Base
Reduced Rate proposed by PWCC
Monthly consumption (cu.m.)	28.35	28.35	28.35
Cost per cubic meter	51.00	84.66	25.00
Total monthly cost	1,445.85	2,400.00	708.75
Price difference	204%	339%	Base
Rate proposed by the mayor
Monthly consumption (cu.m.)	28.35	28.35	28.35
Cost per cubic meter	49.00	84.66	25.00
Total monthly cost	1,389.15	2,400.00	708.75
Price difference	196%	339%	Base

How soon water will be brought into BF Homes will depend on the agreement by the BF homeowners to the rate proposed by BF Waterworks (BFW). The waterworks insist that it cannot lower the proposed rate considering the high system loss due to leakage. The 40-year old water system, dormant for the last 20 years or thereabouts, will leak like a sieve upon activation. Consequently, the lower rate similar to those of other neighboring subdivisions like Tahanan is simply not viable.

MWSS threatens to “takeover” the water system under PD 1345 upon failure to interconnet. But “takeover” does not mean outright confiscation. The government cannot takeover private property without the constitutional due process. This means that MWSS may and is empowered to initiate the legal acquisition of the water system at a just compensation to be determined by a competent court. This is due process and the longer option.

Not surprisingly, BF homeowners are being conditioned for the “equal sufferance” supply of water (rationing) at a cost less than that of deepwell water delivered by enterprising water haulers. This a political option being proposed by our mayor who is up for another term. Either that or we are in for a long haul.

The mayor said that “P49 (per cubic meter) would be acceptable” to BF homeowners. Assuming that the proposal is acceptable to BF Waterworks, we ask: Is the rate acceptable to you?

If we don’t stand up for our rights and speak out in order to save face and avoid confrontation, we will end up exactly where we don’t want to be but where we deserve.

In the meantime, we thank the water haulers for the water in our tap, not the politicians who are already campaigning this early with posters littering our streets for the 2010 election.

Back to the future

“Introibo ad altare Dei.”

“I will go unto the Altar of God” will signal the beginning of the Mass in St. Jerome to be celebrated according to the Rite of the Missale Romanum issued in 1962. This will be the first time the TLM will be publicly celebrated in St. Jerome in almost 40 years.

Parish priest Rev. Fr. Germanetto Grato has willingly received the petition of a group of faithful for the public celebration of the Tridentine rite every Sunday at 9:30 A.M. starting June 29, 2008, the feast day of Sts. Peter and Paul. St. Jerome Church is conveniently located at the Alabang Town Center in Muntinlupa City.

What to expect

Some pertinent [edited] notes from Get ready for the Tridentine Mass:

Because of some of the architectural changes made to the church, there might be some physical changes that will have to be made in order to offer the Tridentine Mass.

Although not yet possible at this time, having the Tabernacle on the altar would be a great blessing because the celebrant will now be facing the altar, and in truth, he should face the altar even in the Novus Ordo.

1. The most important thing is that the priest will face the altar (the back wall), standing in the front of the altar.

2. There will be altar rail so that people can receive communion kneeling.

3. Vestments, altar clothes, candles, a crucifix, patens, etc. outlined in the Rubrics will be strictly followed in offering the Mass.

4. The Tridentine Mass is more visual than verbal, so all will be done to decorate the altar: candles, statues, flowers, etc.

5. The choir will be completely out of sight, either in the back of the church, up in the choir loft, or in a side altar. No one but the priest and altar boys will be on the altar.

6. A paten will be held by the altar-boy when passing out communion.

7. Although not required, an altar rail cloth may be hanged from the back side of the altar rail. Just before communion this cloth is flipped over the altar rail and when people come up for communion they put their hands under the cloth. This is added protection in case a host or piece of host drops past the paten.

What the people need to know

The first thing people need to know about the Tridentine Mass is that its emphasis is silent prayer and quiet reflection. This means that from the moment you walk into the church, you change all your actions from social to prayerful.

Movements should be reverent and slow. Absolutely no talking, not even a “Hi!” Treat the Mass is if you were at the foot of the Crucifixion of Christ, silently watching Him offer sacrifice for your sins, because that is what the Mass is. Treat the Tabernacle is if you were being presented face to face with the Triune God in Heaven for the first time, because that is who is in that Tabernacle. Christ said to Saint Gertrude: “One idle word in church is worth a hundred years in Purgatory.” Of course, “idle” means unnecessary but what words are necessary?

1. Dress as if you have died and were about to see God face to face in Heaven.

2. Men should never go to Mass in shorts or short sleeve shirts.

3. Women should dress modestly and feminine (not like men).

4. Women should use veils as is traditional but not mandatory.

5. As for standing or kneeling during Mass, just follow the other people or the altar-boys.

6. Music should be sung like a whisper. The choir is taught to sing to God and not to the people. The church is not big so speakers may not to be used because the music should sound like Heavenly background to prayer and not something that beats up the ears and brain, preventing prayer. Since there is a choir there is no reason to sing along with them. The choir is well trained and any singing along should be done very quietly so as not to interrupt the trained singers.

7. Follow along with the mass in the Missal (English on one side and Latin on the other). If the church has not purchased the missals yet or cannot afford them, you can buy them.

8. After reading the words of the Tridentine you will see that most of the Mass is the priest praying to God and only when he turns and faces the people does he speaks to the people. This is the high priest (Christ) praying to the Father for us. It is Christ offering His sacrifice for us, and we are just there watching and thanking God.

9. Remember that people are there to pray, so do not fidget with your rosary or make sounds or movements that would distract others from prayer. Just use common Church etiquette, which means making others comfortable around you.

10. When going to communion stay in line and go to the next space at the altar rail and kneel down and wait for the priest to come to you. If there is a communion cloth over the altar rail, but your hands under it. The priest will say, “May the Body of our Lord Jesus Christ preserve your soul unto everlasting life.” You will receive communion on the tongue, bow your head a moment and get up and go back to your pew. Remain kneeling until the priest starts the final prayers of the Mass.

11. After Mass leave the church without talking because a great many people will remain inside praying and you do not want to interrupt God. After some distance from the front door, it is time to socialize and share your faith with others.

There is an on-going recruitment for more altar-boys (no altar girls) because it is traditional to have four or more altar-boys at each Mass. This will also increase vocations to the priesthood because this is where God touches boys with this grace.

Multinational Village “takeover”

By Atty. Renato “Tito” Fernandez

I had an interesting conversation with a homeowner from Multinational Village who filled me in on what happened, and is still happening, in their subdivision. What he related was very informative and bears a very close resemblance to what is happening in BF Homes/United BF Homeowners’ Associations, Inc. (UBFHAI).

Before the election of Mayor June Bernabe in 2004, Multinational Village had a well-established and peacefully functioning homeowner’s association. By many accounts, it was a well-run organization under the leadership of Arnel Gacutan, a popular, dynamic and articulate young man whom we met several years ago. He implemented various projects in Multinational including a mammoth covered court, all self-funded without any assistance from the city government. (Unfortunately, the beautiful covered court was not properly maintained after he was eased out).

Some two (2) weeks before the local elections in 2004, he was asked by then Vice Mayor Bernabe, who was running for Mayor, if the latter could put a table near the main entrance of Multinational Village. Because it could be mistaken as being partisan, Arnel Gacutan politely declined. [Homeowners associations are supposed to be non-partisan, non-political organizations]. One had to consider also the matter of fairness to other opposing candidates.

In any case, Vice Mayor Bernabe won and Dr. Olivarez lost. That was when Arnel Gacutan and Multinational Village experienced intense and withering turmoil. Not long after, the city government accused the association of using guards without individual posting permits (shades of UBFHAI) although they were all employed by a licensed security agency given a valid permit by the previous administration. Arnel Gacutan was publicly portrayed as a drug lord who amassed unexplained wealth. He was harassed, arrested, subjected to congressional investigation and in the process suffered extreme personal humiliation.

But the young man knew how not to knuckle down. He counter-attacked. He showed and proved that he had in fact been given a written commendation by the Head of the Philippine Drug Enforcement Agency (PDEA) for his efforts in assisting the campaign against illegal drugs, a revelation which no doubt exposed him to grave personal risk. As for the charges of unexplained wealth, he produced before the congressional investigation his BIR income tax returns, the exact copies of which were already in the possession of our Parañaque congressman. What his detractors conveniently failed to reveal was that Arnel was, and is, in the real estate business up to now from where he made honest income.

All the disinformation, accusations and complaints against Arnel for involvement in drugs (sic), unexplained wealth, etc. were all dismissed by the concerned agencies (including the DOJ) and none survived objective legal scrutiny. In short, they were baseless and were only a subterfuge, a pretext to cut Arnel down before his constituents for the real and ultimate objective – his expulsion from the leadership of the homeowners association of Multinational Village and its domination by personalities close to the powers that are.

During all these, elections were held in Multinational’s homeowners association in early 2005. For some reason, the HLURB suddenly got involved and enjoined the use of proxies (previously allowed during past elections) of which Arnel Gacutan had quite a number. His valid proxies were disregarded to neutralize his popular advantage during a rigged election (it was postponed by the Board but pushed through by the HLURB and his opponents) and he “lost” to Felix Resuello. In time, a power behind the throne began to emerge in Multinational, commonly referred to as the La Huerta group who called the shots behind the scenes. It is said they are close to the powers that are. Resuello was later shunted aside, to be replaced by Olive Begre who was also later wrongly taken out on an issue of principle, and replaced by a retired general Arsenio Torres, with the blessings of the power brokers.

Arnel Gacutan and company appealed the HLURB’s adverse resolutions/decision to the Office of the President which on May 16, 2006, set aside the election of the Resuello group. In due time, Executive Secretary Eduardo Ermita’s decision became binding and executory in favor of Arnel’s group. However, in a rash of legal maneuvers, the losing parties close to the city government secured from the HLURB that “modified, altered or amended a decision that has become final and executory”, and were considered in excess of jurisdiction by the Court of Appeals. Still, they would not yield the leadership of Multinational’s homeowners association and resisted all attempts to fully enforce the decision of Secretary Ermita. Arnel’s group is aghast at such open defiance.

In the meantime, Multinational Village is in limbo. Their clubhouse is shuttered and padlocked with the misleading sign “Under Renovation”. The lawful officers under Arnel Gacutan refrain from entering it to avoid a confrontation with the powers that are in the government. Inexplicably, the breakaway group under Gen. Torres holds court in the subdivision’s auditorium, not in the clubhouse. Maybe they already feel they are not lawfully empowered.

What pitiless events dogged Arnel Gacutan because of his good faith denial of the installation of a table before elections! On the other hand, Celso Reyes of UBFHAI got into trouble because his newly-elected Board in 2004 turned down the proposal of the security agency of Dr. Renato “Boy” Bernabe, the Mayor’s brother, to provide security services to all the gates, clubhouse and sensitive areas of BF Homes. Never mind that the winning bidder had a superior offer, including Closed Circuit TV (CCTV). That was beside the point.

The dogs of war were soon unleashed and the rest are current events where the full might of the city government, HLURB, and UBFHAI’s disgruntled elements were brought to bear on Celso Reyes and his group. BF Homes is in limbo. Maybe that’s also the game plan.

However we look at them, the two (2) situations are eerily similar!

BF homeowner slams LGU takeover

What is the undue interest and persistence of Parañaque Mayor Jun Bernabe in the internal affairs of United BF Homeowners Associations, Inc. (UBFHAI)? He is the only mayor we know who is actively preoccupied with seeking the dissolution and destruction of a proud and self-respecting homeowners’ association organized according to law.

UBFHAI has existed continuously for more than 18 years and, except for the usual problems that attend to the life of a village association, has been the only central spokesman for the 10,000 BF homeowners in Parañaque, Las Piñas and Muntinlupa.

Starting with his takeover of UBFHAI’s gates in Aguirre, Elizalde and El Grande in 2005 with a blitzkrieg sweep of his SWAT troops, Mayor Bernabe has been systematically prying away at the structure of UBFHAI. Under the law, it is not the job of a city government to enforce a decision of the regular courts or the HLURB. That is the job of the sheriff. The enforcement of compliance lies with him and the courts – they have the power to cite for contempt, to penalize, to impose fines and damages. The Mayor’s office has gone beyond and has been acting as the judge, jury and executioner, more than the courts.

Several years ago, the same thing happened to Multinational Village which effectively destroyed the vestiges of the homeowners’ established self-governance. The city government actively supported a rival block of candidates, created widespread dissension in the village and sealed the takeover of the clubhouse with SWAT troops. The LGU supplanted the homeowners’ for self-government with its own indirect control.

When the Management Committee (Mancom) of HLURB took over the UBFHAI Clubhouse last year, they were aided by shock troops and personnel of the Mayor. They are still there for everyone to see, big and brazen as life, with the uniform patches of CSU (Civilian Security Unit?). They act as the praetorian guards to the Mancom and their followers.

The city’s liaison officer for homeowners’ affairs, Ms. Diana Quiros, acts as the spokesperson, mouthpiece, enforcer, campaigner and apologist for the group. Widely distrusted by mainstream homeowners, she goes about her job creating discord and disunity among BF’s residents. DIVIDE and CONQUER! That seems to be the unwritten motto of the Mayor’s game plan.

When the Mayor organized a meeting several weeks ago at the Dragon Prince ostensibly to brief homeowners on the water situation, the first part of the discussion was an exposition of the work of the Mancom, their alleged findings (sic) in their audit of UBFHAI and the participation of leading personalities of the opposition in BF who seek the dismemberment of UBFHAI and supplanting it with another. It means, therefore, that the work of the Mancom and the game plan of the Mayor are parts of the whole, being presented at the same time, at the same venue, and at his initiative.

The Mayor’s fingerprints are all over the place, including his Dear Jimmy letter when he asked Mayor Fresnedi to dismantle BF’s gate in Tirona in the Muntinlupa side. The prize is the domination of BF Homes and the suppression of self-determination and self-governance as a village. Does he do that in Tahanan Village where he lives? He wouldn’t dare!

But why does he want to stamp UBFHAI out of existence and supplant his minions? Arrogance of power?

Let’s express our feelings freely!

Atty. Renato “Tito” Fernandez

[Atty. Tito Fernandez is a charter member of UBFHAI]