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.”
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