Historic moment: First Traditional Latin Mass after 40 years

June 29, 2008, Feast of Sts. Peter & Paul: First Traditional Latin Mass celebration at St. Jerome Emiliani Church, Alabang, Muntinlupa, Philippines

Back to the future: Traditional Latin Mass

You are invited....

On June 29, 2008, Sunday, at 9:30 A.M., Fr. Grato Germanetto, CRS, will celebrate the Holy Sacrifice of the Mass in the Extraordinary Form of the Roman Rite (Traditional Latin Mass) according to the 1962 Roman Missal in the Parish of St. Jerome Emiliani in Alabang, Muntinlupa.

We invite you to celebrate the Holy Sacrifice of the Mass with us, and worship in the same manner as your grandparents: at the Traditional Latin Mass — the Mass that the saints glorified and for which the martyrs gave their lives.

The first thing people need to know about the Tridentine Mass is that it’s 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 is sacrifice for your sins, because that is what the Mass is, even the Novus Ordo Mass. 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. Please remember to kneel, sit and stand during the proper times at Holy Mass:

KNEEL: Beginning of Holy Mass; at the SANCTUS; at the Agnus Dei; at the Final Blessing; and when the Bishop passes.

SIT: At the readings of the Epistle and at the Sermon.

STAND: When the priest enters/leaves the church; at the Gospel; at the Creed; at the Pater Noster; and at the Last Gospel.

6. Music is sung like a whisper. The choir is taught to sing to God and not to the people. 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 you do not have one and the church has not provided the missalette at the pews, you may avail of the locally printed missalette (at church entrance). Your donation to defray printing cost is welcome.

8. After reading the words of the Tridentine you will see that most of the Mass the priest is praying to God and only when he turns and faces the people does he speak 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.

11. The communicant does not say “Amen” in response to the priest’s “Corpus Dominie nostri…” [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.

12. 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. [In the future we hope to invite the faithful to the social hall (basement) for coffee and donuts because Catholics should get to know each other but not in church. In the past everything was done at the church and boys and girls met there, husbands and wives met for the first time at church. Friends were made there. Faith was shared and taught at the church. Socialization builds a parish but prayer builds faith.]

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]

MWSS “shuffle” to takeover of waterless subdivisions

In a “praise” release, the Mayor of Parañaque announced that Malacañang has empowered the Metropolitan Waterworks and Sewerage System (MWSS) to provide service to waterless villages, especially those abandoned or neglected by developers or owners with the issuance of Executive Order 688.

Officials, leaders, and residents of BF Homes in Parañaque are rejoicing and thanking the President Arroyo’s landmark executive order through the efforts of the mayor.

But, hey, Malacañang has already empowered MWSS to takeover the water supply system in residential subdivision 30 years ago, for crying out loud!

Presidential Decree 1345 issued April 2, 1978, empowers the “MWSS” to “take over the operation and maintenance of centralized water systems of residential subdivisions within its territorial jurisdiction …” and “shall thereafter cause the system to operate at the desired level … chargeable to the subdivision owner/developer…”

Unfortunately, as we all know, MWSS is no longer in the water distribution business in Metro Manila. It consequently does not have financial and personnel resources for a takeover contemplated by the Presidential Decree. The Executive Order will most probably empower MWSS to takeover the water system of BF Waterworks and turn it over to Maynilad, the franchisee south of Metro Manila.

The problem with this “shuffle” is that the cost to render the system operable chargeable to the subdivision owner/developer under the Presidential Decree will be shifted to the homeowners. And to sweeten the pie, Maynilad will be charging commercial rate (higher than residential rate) probably to the existing BF Waterworks or homeowners associations who in turn will be adding their own operating markups. Homeowners will be told to be grateful for the “equal sufferance” supply of water (rationing) at a cost less than that of “dirty” water delivered by enterprising water haulers.

As P.T. Barnum used to say, “Suckers are born every minute.”

MMDA on BF car “sticker” conflict: clueless

Metro Manila Development Authority (MMDA) Chairman Bayani F. Fernando was quoted as saying that “all roads are public property” and that “even roads in private residential areas are no longer considered private, according to law” on the question of issuance of car “stickers” of private subdivisions, particularly BF Homes Parañaque Subdivision.

The kind of things the chairman is talking about is not trivial to me. They have driven me to disgust and near despair in the recent years.

After having scrimped and saved and then spent my life savings for a house in BF Homes Parañaque in order to enjoy well-deserved peace and quiet away from the madding crowd, I find the same madding crowd practically in my front yard, complete with cars, container vans, heavy trucks and squatters to boot.

The MMDA Chairman is quoted as saying: “All roads are normally open. The closing of roads require public hearings. A road is no longer private. Any road customarily used as a road is public.”

Good grief! The Chairman is clueless.

The takeover by the local government of the subdivision roads of BF Homes subdivision is patently illegal. The roads, sidewalks, parks and open spaces are privately titled to the developer. As such, the local government cannot simply take over private property without due process. In the words of the Supreme Court in Phicomsat v. Alcuaz 180 SCRA 218 “[a]ny regulation, therefore, which operates as an effective confiscation of private property or constitutes an arbitrary or unreasonable infringement of property rights is void, because it is repugnant to the constitutional guaranties of due process and equal protection of the laws.”

On the constitutional proscription against the use of public funds for private purposes, this is what the Supreme Court said in the case G.R. No. 148357 Aniano A. Albon vs. Bayani F. Fernando, et al:

“The ruling in the 1991 White Plains Association decision relied on by both the trial and appellate courts was modified by this Court in 1998 in White Plains Association v. Court of Appeals. Citing Young v. City of Manila, this Court held in its 1998 decision that subdivision streets belonged to the owner until donated to the government or until expropriated upon payment of just compensation.”

“Section 335 of RA 7160 is clear and specific that no public money or property shall be appropriated or applied for private purposes. This is in consonance with the fundamental principle in local fiscal administration that local government funds and monies shall be spent solely for public purposes.”

“In Pascual v. Secretary of Public Works, the Court laid down the test of validity of a public expenditure: it is the essential character of the direct object of the expenditure which must determine its validity and not the magnitude of the interests to be affected nor the degree to which the general advantage of the community, and thus the public welfare, may be ultimately benefited by their promotion. Incidental advantage to the public or to the State resulting from the promotion of private interests and the prosperity of private enterprises or business does not justify their aid by the use of public money.”

“Therefore, the use of LGU funds for the widening and improvement of privately-owned sidewalks is unlawful as it directly contravenes Section 335 of RA 7160. This conclusion finds further support from the language of Section 17 of RA 7160 which mandates LGUs to efficiently and effectively provide basic services and facilities. The law speaks of infrastructure facilities intended primarily to service the needs of the residents of the LGU and “which are funded out of municipal funds.” It particularly refers to “municipal roads and bridges” and “similar facilities.”

“Applying the rules of ejusdem generis, the phrase “similar facilities” refers to or includes infrastructure facilities like sidewalks owned by the LGU. Thus, RA 7160 contemplates that only the construction, improvement, repair and maintenance of infrastructure facilities owned by the LGU may be bankrolled with local government funds.”

The issuance of vehicular stickers is not just an excuse to “raise funds”. In BF Homes Parañaque Subdivision, stickers serve as traffic volume regulator and computer data banks (of about 40,000 motorists) provide immediate identification of the criminal elements in our midst.

As to collection of fees, Rule V, Section 5 of the HLURB Rules on the Registration and Supervision of Homeowners Association (series of 2004) recognizes the right of homeowners association to impose and collect reasonable fees on members and non-members residents who avail of or benefit from the facilities and services of the association, to defray necessary operation expenses; and to exercise other powers necessary for the governance and operation of the association.

The conflict in BF Homes started in 1997 with the re-zoning of the subdivision’s main roads to raise revenues for the municipality to qualify for cityhood being pushed by Congressman Roilo Golez. Yet today, like the biblical fence-sitter of old, he washes his hands of the responsibility for the destruction of the residential character of our neighborhood.

Be that as it may, this is my unsolicited advice to BF homeowners: Don’t take a politician’s statements at face value. “Since a politician never believes what he says, he is surprised when others believe him.” [Charles de Gaulle, one-time President of France].

More unsolicited advice: If you do care about all this nonsense, what can you do? Well, you have to speak up and make time to fight a guerrilla war. Write letters and emails of protest. Telephone their offices. Politicians may be sloppy about spending our tax money, but they fear negative publicity. There’s political power in numbers. Get your friends involved in the action.

Probing the HLURB takeover of UBFHAI

Respect, as we all know, is the state of being held in high esteem or honor. It is earned by treating others in an honest and caring way. When someone feels that you are not being fair or that you are putting your self interest ahead of his, you will not earn respect. Failing to deliver a favor or perform a service is the quickest way to lose it.

Our government, politicians and public officials are famous for shooting their mouths off and not following through. The restriction of “residence only” written in our transfer certificate of titles is a mute testimony that a government guarantee is not worth the paper it is written on.

It is sad that in our struggle to preserve the residential character of our neighborhood, BF Homes, Parañaque, residents think that the local government is the obstacle rather than the ally. For years the local government has been licensing commercial establishments in violation of zoning ordinance.

In 1997, the local government passed an ordinance that commercialized our main roads and made easy access to our homes by non-residents. To homeowners who value the security and privacy of their homes, this ordinance is frustrating and unpleasant. To raise revenues for the municipality to qualify for cityhood being pushed by Congressman Golez, the privately titled main streets of BF Homes were reclassified as commercial despite the lack of “… the written conformity or consent of the dully organized homeowners association, or in the absence of the latter, by the majority of the lot buyers in the subdivision” as required by Section 22 of PD-957.

The ordinance legalized many commercial establishments intruding into residential areas. These firms do not have their own drainage systems so they discharge wastes into the drainage systems of the subdivision which was designed for the use of homeowners, causing pollution and destruction of our roads.

You don’t have to look further than Parañaque for a preview of what is coming. Main street BF Homes will be transformed into another Doña Soledad Avenue of Better Living Subdivision.

The local government appropriated the homeowners’ park by building a barangay hall, police and fire department buildings, and a covered tennis court. It repaired the sidewalks and installed additional lampposts on the declared commercial roads. The roads, sidewalks, parks and open spaces in BF Homes are privately titled to the developer. Thus, no public money could be used on them.

In undertaking the projects, the mayor violated the constitutional proscription against the use of public funds for private purposes, as well as Sections 335 and 336 of RA 7160, and the Anti-Graft and Corrupt Practices Act. This means that the mayor and the councilors can be held liable for misappropriation or misuse of public funds, which can lead to the filing of graft and corruption against them.

Of course this is outrageous. You’d think that with a dismal record of doing nothing the Housing and Land Use Regulatory Board (HLURB) would all resign in shame but no! Instead, Arbiter Dustan San Vicente praised himself and HLURB for protecting the homeowners at the congressional hearing probing into the takeover of the homeowners association by HLURB.

The takeover, without a writ of execution, is based on the complaint of a former president who alleged that “there were missing funds and equipment and other anomalies during the current term of the current United BF Homeowners’ Association [UBFHAI] President Celso Reyes.” That sounds like a criminal complaint and not included in the job description of the HLURB, for crying out loud. Any decision rendered without jurisdiction is a total nullity.

Arbiter San Vicente gave a long winded explanation of interlocutory order that confuses instead of clarifying his issuances. Technically, an interlocutory order is not appealable, we are told. Really? If so, why did the board of commissioners nullify his 5 orders?

Interlocutory Order is defined as an order determining an intermediate issue, made in the course of a pending litigation which does not dispose of the case, but abides further court action resolving the entire controversy. Such orders are not generally appealable until after the entire matter has been disposed of by final order or judgment.

I cannot imagine a regular district court issuing a writ of execution while the case is being appealed and heard by a superior court. That legal mumbo jumbo of the arbiter is a lot of nonsense and will not hold water. He offered no explanation of his issuances despite the HLURB rule that “the filing of an appeal … shall have the effect of automatically staying the execution of any decision or order…”

I can only shake my head in disbelief at the claim that the arbiter is doing a good job of protecting the homeowners. Good grief! The word “chutzpah” doesn’t come close to describing it. San Vicente’s self-appointed management committee forced open the Association’s vault and divested it with all its content of undetermined amount of money and documents, broke open all the filling cabinets, and took some of the documents out of the clubhouse. One of the appointed management committee member even took 2 vaults out of the clubhouse. Protection? Give me a break!

Why do these people do what they want, without worrying about sanctions? There are speculations, many unsavory. But I like this one: “Because they can.”

Nutrition and Health

“If you have your health, you have everything.” Don’t many people often say this? We would gladly exchange everything for our health. We pay doctors our entire savings to heal us, if necessary.

But not everyone who says, “If you have your health, you have everything”— only the old, the infirm or people whose health is at risk.

The laws of reality represent a real sequence of cause and effect; we live in effect of them. We must know them for such knowledge limits our freedom to guess but increases our freedom to act and think. Thus the law of gravity may mean that if from the top of a high cliff you see a man drowning, you may have to go down instead of jumping. Jumping represents a short-cut but it would destroy you and not help the drowning man.

The law of physical order follows the same sequence of cause and effect. Eating unhealthy foods produces unhealthy and fatal consequences. We are tempted to do short-cuts so we go to prayer healings or get somebody to pray over us when we get sick. It’s like jumping from a hilltop and expecting our Creator to catch us in mid-air or suspend the effect of gravity.

Our modern diet causes enormous problems for our health. But taking good care of ourselves is not just a health luxury. It’s an absolute necessity if we don’t want to be held hostage by pharmaceutical drugs, blood checkups and hospital stays. Not doing this only takes away more and more of our energies, our freedoms – even our lives.

The solution to our ailments is to get back into our natural state of vibrant health by “cleansing” ourselves from the inside, allowing our body to rest and heal itself. Think about it: For every disease, our immune system is triggered and it immediately starts fighting it. Our body can restore every wound, diseased organ or damaged cell that it needs to – but it cannot do that if we keep polluting it.

Most adults need 2,000 and 3,000 calories a day. Women and smaller less active people need fewer calories; men and larger, more active people need more calories. Wellness experts tell us that the distribution of calories should be: 40% to 50% from carbohydrates, 30% from fat and 20% from protein. We are strictly to avoid margarine, vegetable shortening and all products listing them as ingredients and all products made with partially hydrogenated oils of any kind.

Like most of us I simply cannot get the fruits and vegetables I want or figure out how to achieve a balanced diet of 33 nutrients. Instead, I take a good daily multivitamin-multimineral supplement for gaps in my diet.

You achieve good health through eating healthy food. There's no shortcut. There isn't a pill or an herb you can take to counteract an unhealthy diet. Don't roll the dice and gamble your life away. If you are under diet restriction, boost your immune system by taking a daily multivitamin-multimineral food supplement of 33 nutrients which requires little or no digestion. I survived a seven arterial heart bypass, failing kidneys, deteriorating prostate condition and falling weight by following a healthy and active lifestyle. I am a living proof that it works.

For those of you who watch what you eat, here's the final word on nutrition and health which somebody sent via email. It's a relief to know the truth after all those conflicting nutritional studies.

1. The Japanese eat very little fat and suffer fewer heart attacks than Americans.

2. The Mexicans eat a lot of fat and suffer fewer heart attacks than Americans.

3. The Chinese drink very little red wine and suffer fewer heart attacks than Americans.

4. The Italians drink a lot of red wine and suffer heart attacks than Americans.

5. The Germans drink a lot of beers and eat lots of sausages and fats and suffer fewer heart attacks than Americans

CONCLUSION: Eat and drink what you like. Speaking English is apparently what kills you. Lol!

Happy New Year!