Slamming the door on the way out

Talking about slamming the door on the way out. Following the Writ of Preliminary Injunction of the appellate court last March 27, 2006, returning control of the subdivision gates forcibly taken by the police at the direction of Mayor Jun Bernabe of Parañaque, Barangay BF Homes Captain “Beng” Amurao writes an interesting but unsigned “dear fellow B.F. homeowners” letter. We wish to comment as follows:

“We … shall comply with the provisions of this court…

Really? If the intention is to fully comply with the appellate court resolution, what then was the purpose of the Muntinlupa hearing on the “Hon. City Mayor Florencio Bernabe of Parañaque suggesting that the outpost erected by the United BF Homeowners’ Association, Inc. (UBFHAI) located at Tirona Street which links Alabang Hills and BF Parañaque be dismantled?”

Yesterday, a representative of Mayor Jun Bernabe verbally demanded and his boys momentarily took control of the main gates, contending that the appellate court has accepted the city’s appeal for reconsideration of the Preliminary Injunction. Under threat of contempt of court, they quickly withdrew.

But, hey, don’t slam the door on the way out.

“Should you experience any form of threat, harassment or any other kind of intimidation from UBFHAI, its security guards or volunteers, seeking to prevent you from entering the B.F subdivision to return your homes, please feel free to visit me in my office, or drop by the local police substation, bringing details of your complaints for prompt action.”

UBFHAI is determined to strictly screen vehicles and pedestrians in accordance with the Integrated Security Program (ISP). This will undoubtedly cause inconvenience but this is the price we all have to pay in exchange for our peace of mind.

Residents are reminded that access to the Elizalde & Tirona gates is limited to pre-screened vehicles, i.e., vehicles of residents with “Red stickers” and their guests with “Green stickers”. Security will screen entering vehicles without vehicular “stickers” at the other 6 gates, allowing vehicles of residents without vehicular “stickers” to pass after showing proof of residency or when the vehicle owners are residents of BF Homes.

Voluminous outsider traffic and on-street and on-sidewalk parking vehicles make for a daily dose of traffic jams, making going out and coming home difficult and hazardous. In response, the Association raised the cost of vehicular “Green stickers” at prohibitive level to discourage passing-through. This vehicular volume reduction strategy will please the homeowners but will undoubtedly infuriate the owners and outsider clients of commercial establishments intruding into the residential zone.

Some hard cases are deliberately resisting vehicle screening at the entrance gates by leaving their vehicles at the gates purposely to block traffic. Instead of citing these arrogant traffic violators, the authorities often scold, if not apprehend, the security guards for harassment and for preventing a resident from going home.

The implementation of ISP is not meant to threaten, harass or intimidate or prevent residents from going home. This is ensure that movements at the gates and the main roads of vehicles and pedestrians and goods and services are legitimate and will not prejudice the homeowners. Let us cooperate and avoid insulting the personnel. Except for the village manager and a few clerks, many are civic minded volunteers – homeowners like you. They need your support and encouragement.

As to “prompt action”, let me quote a typical refrain of residents: “Hi… we had another break-in last night a few houses away from mine. Valuables and electronics were taken by the burglars. It took more than 30 minutes for the police to arrive. Kailangan pang sunduin. Grabe na talaga dito sa atin.” [Rough translation: We have to fetch them. Our situation is grave.]

“For your protection, we have detailed uniformed policemen at the Aguirre Avenue gate to protect B.F. Homeowners…”

This statement cannot be taken at face value. Consider this. To frustrate the fielding of security guards for the subdivision, the local government refuses to issue posting permits for uniformed security guards hired by the Association. Without posting permits, uniformed private security guards are being apprehended by the police and charged accordingly.

Yesterday, April 5, 2006, for the first time, policemen from Camp Crame, came to inspect the licenses and posting permits of security guards in the subdivision. This is police power at work, not harassment. And, it’s not true that BF Homes Subdivision is being singled out for inspection. What’s more, hindi na kailangan sunduin! Who made them efficient all of a sudden?

The commercial area in Phase I has been converted into one big parking area with the now arrogant “pito” boys licensed by the Barangay to collect “parking fees.” Not far behind are the security guards of the commercial establishments collecting “tips” for illegal parking.

Aguirre and President’s Avenues and Elizalde Street in the commercial district in Phase I are no on-street parking areas. This is to keep traffic at the main roads moving. Yet, despite repeated written appeals for enforcement from some 200 residents located at the end of President’s Avenue, the local authorities remain deaf to the appeal. The commercial establishments continue to appropriate the roads and sidewalks at President’s corner Aguirre Avenues for parking, double parking and sometimes triple parking, making going and coming home difficult and hazardous for residents.

Sure enough, late in the afternoon of April 3, 2006, another illegally parked vehicle backed-up into a passing vehicle of a resident in the vicinity of corner President’s and Aguirre Avenues. This is not the first traffic incident of this nature nor will it be the last.

We need policemen and Barangay tanods to enforce traffic and keep it moving, prevent illegal parking, apprehend “parking fees” extortionists and clear the sidewalk of ambulant vendors. We don’t need policemen and tanods to baby sit the security guards at the gate.

“We may be entering a period of crisis or confusion, but rest assured that we in the B.F Barangay Council are solidly behind you and will do everything in our power to protect your constitutional and human rights.”

If we are in “a period of crisis or confusion”, it is because the government is taking legal shortcuts, running roughshod over the rule of law.

It bears repeating that BF homeowners are the beneficial owners of the roads and open spaces privately titled to the developer, having paid for them when they purchased their properties. This includes the area of Aguirre Park “appropriated” by the Police, Barangay and Fire Department. That’s the appellate court’s opinion, not mine. As such, the local government cannot simply take over private property without due process guaranteed by our Constitution, that is, by expropriation or compensation.

Now you know why the criminal elements are successful in BF Homes Subdivision. They work together - the homeowners and the local authorities don’t.