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COA chief loses Toyota Fortuner to carjacker!

2011-03-31T10:38:00.000+08:00

The present dispensation has destroyed the residential character of our neighborhood, forcibly opened our gates to horrendous outsider traffic and exposed residents to criminal elements, and illegally constructed government facilities using government funds on a private property (Aguirre Park), including a covered tennis court and garbage disposal from nearby wet market.

The commercialization of the subdivision, we are told, is progress, and instead of tossing the blame to the local government for the destruction of the residential character of the subdivision, residents should be “grateful.”

Commission on Audit (COA) chairman Reynaldo Villar is “grateful” to be alive after his Fortuner car was carjacked in broad daylight in front of Contis at the corner of Aguirre and Presient’s Avenues:

COA chief loses Toyota Fortuner to carjacker

abs-cbnNEWS.com

Posted at 03/29/2011 6:17 PM | Updated as of 03/29/2011 6:17 PM

A lone carjacker seized at gunpoint Commission on Audit (COA) chairman Reynaldo Villar’s Toyota Fortuner at BF Homes, Parañaque Tuesday morning.

In a phone interview, Villar said he had just boarded his Toyota Fortuner (ZRV 927) parked in front of Conti's Pastry Shop & Restaurant when an armed man suddenly boarded the vehicle on the passenger side.

Villar said the man pointed a caliber .45 pistol at him and ordered him off the vehicle. He said the incident happened at around 11 a.m.

The COA chief has yet to provide further details, saying that he was traumatized by the incident.

He said he had already passed the case investigation to the Parañaque Police Station 5. – With a report from Jeff Canoy, ABS-CBN News.

The commercial area in Phase I has been converted into one big parking area with the “pito” boys, displaying the charms of modern Mafioso’s, licensed 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. Yet, despite repeated written appeals for enforcement, the local authorities remain deaf. The commercial establishments continue with impunity to appropriate the roads and sidewalks for parking, double parking and sometimes triple parking, making going and coming home difficult and hazardous for residents.

Where are the promised security officers and traffic enforcers? What do we residents have to do to have our traffic regulations enforced?

Mayor Joey Marquez returns...

2010-01-21T14:49:00.000+08:00

Mayor Joey Marquez returns, talks about his reasons for running again, his program of government, graft and corruption, building code, higher taxes, Maynilad pipelaying charges to BF Homes Parañaque homeowners…

Mayor Joey Marquez returns... from Elbert Friend on Vimeo.

More Reactions to: A Different Water Deal For LPC HOs

2009-10-18T10:15:00.001+08:00

A wise maneuvering by BFHI. Here we are again engulfed in the greediness of who else (BFHI) coupled with the evil designs of some of his cohorts. Our counterpart homeowners from Las Piñas should be enlightened on the ill effects of declaring the LPC portion as an open area. UBFHAI having no control and direct supervision of the aforesaid open area will make us vulnerable to all sort of inconveniences including criminality. Why did and what made MWSI consented to such an agreement with BFHI and LPC which is onerous? I don’t know. Was there no objection or opposition to the aforesaid agreement. It will be the same dog with a different collar for our Las Piñas side homeowners when the ROW takes effect. Cost wise, it does not differ from the Parañaque side homeowners. The biggest winner here is BFHI because it is the beneficiary of the toll on ROW while the losers are MWSI for shouldering the cost of the reticulation system and the whole BF homeowners for declaring the Las Piñas portion an open area. I wonder why there is no uniformity in the application of what was agreed in Congress considering that we are talking here of one subdivision.

***
I’m not residing in the LPC side. But I’m just curious whether the Maynilad arrangement with the LPC area as an OPEN AREA would consequently and obviously also mean that the roads in those areas will necessarily be at the disposition of the LPC Mayor? BF-LPC residents may be getting a more affordable water deal but effectively forfeit their right to secure this portion of BF Homes with UBFHAI guards. LPC on the whole will definitely stand to benefit as BF roads can now be utilized to ease traffic especially along the Alabang-Zapote road.

***

Why we don’t agree with the proposed Las Piñas model.

1. The P10 per cu.m. or P300/month (average usage of 30 cu.m) will be charged as Right of Way (ROW) for the next 4 years on top of the water consumption. This ROW has been paid for when we bought our lots in BF.

The P10 per cu.m x 30 cu. m. x 48 months (or 4 years) x 4,000 Las Piñas residents is equals to P57.6 million which is almost the amount of the P60 million loss from their investments that BFHI is trying to recover from the residents. Maynilad initially offered to pay BFHI P10 million.

Why should the residents pay for BFHI P60 million losses when their business is water but they do not have water? Why take it from us? Everyone can afford the P10/cu.m. but we are fighting for the principle of fairness and justice and our basic right to have water.

2. The Memorandum of Agreement (MOA) which was drafted by BFHI and their allies for the Las Piñas residents is among (1) Las Piñas Homeowners, (2) BFH Inc. (Aguirre) and (3) Phil. Waterworks and Sewerage System (PWSS)?? The draft of the MOA also included blanks to charge additional fee for the next 4 years after the first 4 years and another blank to charge a certain amount thereafter.

How can we be sure that they will charge only for the first 4 years as BFHI is saying and not charge thereafter?

What we know is that BF water supplier is not PWSS but PWCC, Phil. Waterworks CC with expired franchise since 2003. How can they supply water with no franchise, no water and no money to pay Meralco?

3. Why pay BFHI for Right of Way, after they have deprived us of water for more than 2 decades? In fact in the past, they billed us even if it is only air that is coming out of our faucets? We were still hoping then.

4. Why is BFHI billing the residents the Right of Way for Maynilad to lay the pipes? Why haven’t they done so for Meralco, PLDT, cable companies and other service providers?

5. If it is legal to charge, why are other developers not charging their residents for the entry of Maynilad, ex. Tahanan and Ayala Alabang?

6. If the developers have the right to charge Right of Way, no prospective homeowner will be interested to buy lots. Specifically, we bought our lots in BF Homes because of the amenities, i.e. well-paved roads, water supply, electricity, church and commercial center.

7. The Right of Way issue is the recourse of BFHI to collect more money from the residents when BFHI actually has the obligation to turn over the roads and parks to the homeowners which they have not done so intentionally considering that BFHI has been our developer for almost 50 years.

With all the above reasons, can we still trust the developer BF Homes, Inc.?

Changing the Script

2009-10-16T12:41:00.002+08:00

he agreement between Maynilad and the homeowners in the Las Piñas portion of BF Homes is being spun to death by an avalanche of contradictory or confusing statistics and gross distortions. This is being fanned by Maynilad’s mix signals as to who will bear the cost of the infrastructure.

No excavation permit

The truth is Maynilad cannot proceed to lay down the pipes for the water system without excavation permit that city hall refuses to grant.

Right of Way (ROW) Fee

Maynilad’s announcement of pass-on/will not pass-on the cost of the infrastructure to homeowners provides the opportunity for city hall to propose a re-writing of the contract with the BFHI declaration of the Las Piñas portion of BF Homes as an OPEN AREA and a right of way fee of P10 per cu.m. of water consumption of every homeowner payable to BFHI. Maynilad is reportedly agreeable not to pass on the cost of the infrastructure with the conversion from private to OPEN AREA of the Las Piñas portions of BF Homes Subdivision.

Simultaneous pass-on/will not pass-on policy

When Maynilad was seeking extension of its franchise, it made known its policy to fund from the capex budget the cost of infrastructure. Coinciding with approval of its franchise, Maynilad’s President Rogelio Singson justifies the reversal of that policy with the announcement that “…the existing policies of MWSS will still govern the concessionaires. When we say we are ready to include and assist private subdivisions, what we are doing in BF will continue. We still cannot subsidize private subdivisions under existing policies of MWSS and under HLURB/PD-1345.”

Of course this is outrageous. The MWSS had installed main water pipes on El Grande, Aguirre and President Avenues, but the residents were not asked to pay for their installation and maintenance. Other gated subdivisions such as Times Village in Las Piñas City and Annex 1618 enclave in Better Living, Parañaque City also had their water system rehabilitated but the repair costs were not passed on to consumers.

Ultimately, homeowners believe the burden of paying for the water infrastructure should not be passed on to consumers. This question will be eventually resolved. For the moment, what is important is to have potable water in our taps instead of a rhetorical battle.

OPEN AREA

Part of the allure of subdivision living is the comparative privacy and exclusivity which the residents enjoy. Otherwise, we might as well have lived along the main road and spared ourselves the expense of paying a premium for our abodes. Perhaps our politicians would not would not think too highly of their idea of general access through subdivision roads if it were they whose relaxation would be disturbed by the constant honking of horns and the screeching of tires, or if they had to live in constant fear of a wayward car plowing through their front doors, decimating the entire household, maids, children and all.

Let’s proceed with the assurance that we are all in the same boat. Let’s not change the script!

Unequal Treatment

2009-10-13T11:07:00.001+08:00

Cost comparison between the yet-to-be-finalized LPC model vs. the Parañaque and Muntinlupa Model:

Particulars	Las Piñas	Parañaque
Service Connection Fee	7,142	7,142
Excavation Cost	free	5,980
Water System Cost	free	15,360
Right of Way Cost to BFHI	14,400	-
Total	21,542	28,482

We can punch holes in the arguments proffered to explain and justify the unequal treatment of the concessionaire. But that and the explanatory justifications will not alter the fact that there is unequal treatment.

But it is one thing for a thing to be no longer possible, and another to accept that as a principle, and consequently, no longer seek to level the playing field.

A Different Water Deal For LPC HOs

2009-10-11T14:28:00.003+08:00

e thank Congressman Roilo Golez for providing us with the information on an agreement in principle between Las Piñas City, Maynilad, BF Homes, Inc. and BF Homes Las Piñas homeowners. Here are the proposed agreements with our concerns/comments:

First, BFHI will declare the LPC portion of BF Homes Subdivision as OPEN AREA, thus it may not be considered as a gated, private community anymore, as such, it won’t be covered by the provision of the IRR of PD1345 which mandates that the costs of construction of water reticulation systems in gated, private subdivisions have to be for the account of the homeowners;

Comments: This seems to be an incorrect interpretation of the decree as to who will shoulder the cost to render the water system to operate at a desired level. Here is the relevant portion of the decree:

“Section 2. Upon takeover of the water system, the MWSS shall evaluate such system considering the adequacy, potability and other prevailing operating conditions. The MWSS shall thereafter cause the system to operate at the desired level as to provide adequate and potable water supply. The cost to render the system operable shall be chargeable to the subdivision owner/developer provided that the provision of adequate water supply has been specified or implied in the contract of sale or other forms used in offering the housing units within the project for sale. Otherwise, the cost to make the system operational shall be chargeable to the homeowners of the subdivision.” (Emphasis provided).

As marketed and widely advertised in 1969, BF Homes Parañaque was to have been self-contained with open spaces for parks and recreation, a commercial center, a church, a school and a water system touted to be tapped from an inexhaustible water table.

Adequate and stable supply of water is an assurance, among others, made by the BF Homes, Inc. However, this basic necessity and commitment has been denied by the developer to its lot buyers (now residents and homeowners) to the immeasurable detriment of the latter.

Clearly, the cost to rehabilitate the system should be charged to the developer BFHI as provided by 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, that is to say, endlessly laborious or futile.

“Takeover” does not mean confiscation. It means takeover under the principles of due process and just compensation since BFHI still owns the waterworks system on paper.

But MWSS/Maynilad did not “takeover” the BF Waterworks under PD1345. Instead, Maynilad contracted to provide each enclave potable water system separate from that of BF Waterworks.

For instance, in a letter to an enclave, BFHI threatened legal action for the excavation on the road lots for the purpose of laying water pipes without securing permit from the developer. “The road lots inside the subdivision BF Homes Parañaque are still private in nature as there is yet no donation made in favor of the local government or any homeowners association. Being private roads, no exaction or any construction works may be made therein without the written permit from the developer or owner.”

The cost of the subdivision lots sold include all costs such as roads and parks, open spaces and other improvements. As the Supreme Court stressed in the in the doctrinal White Plains case: “The owners of a subdivision include all costs, such as the setting aside of road spaces and open areas for parks, and possibly the construction of curbs and whatever improvements it may have published entice lot buyers, in computing the value at which all lots shall be sold. If the subdivision reneges on any of its commitments, as exemplified in this case, the lot buyers are short-changed. They are made to pay more for less than what was agreed upon.” Having paid for them when they bought their properties, the homeowners, in effect, are the beneficial owners of these amenities.

A good alternative is for the mayors of the 3 cities to expeditiously, with unwavering political will, pursue the acquisition by the LGUs of the road lots, open spaces, etc. of BF Homes by public auction of these properties for non-payment of real property taxes - as the LGUs can immediately transfer title to the properties in their favor per the LGU code of 1991 and the Issuance of the Land Registration Authority. This suggestion has been gathering dust and dusted every election and conveniently forgotten afterwards.

Second, once declared open area, Maynilad seems to have agreed to underwrite the cost of construction to be funded from its CAPEX budget, thus, unlike in the Parañaque and Muntinlupa areas, MWSI seems to have agreed not to pass on the burden to the homeowners-consumers, subject to the approval of MWSS and the availability and prioritization of MWSI’s CAPEX funds;

Comments: After Maynilad’s President Rogelio Singson statement that “…[we] still cannot subsidize private subdivisions under existing policies of MWSS and under HLURB/PD-1345”, it is pertinent to ask what are the existing policies of MWSS that allows Maynilad (under its charter?) to charge private subdivision homeowners for the cost of construction of water system.

In BF Homes Parañaque, the construction cost of the water system is equally divided among the homeowners in the enclave. What is unfair is that the commercial establishments along the main roads where the main pipes are installed do not have to pay for the construction cost but only connection cost and charged the commercial rate of the water consumed as compared to the lower residential rate for homeowners.

What is disgusting is the requirement that not only homeowners have to pay for the water system but also “donate” it to Maynilad. The homeowners have to pay 48 monthly installments so they obviously do not own the water system. How can they legally donate the system they don’t own?

To top it all, the tertiary pipes (black pipes) are temporary installations on the sidewalk. After 48 months, a new tertiary pipes will be (permanently?) installed. Since Maynilad “cannot subsidize construction cost in private subdivisions” (except BF Homes Las Piñas?) so BF Homes Parañaque homeowners will have to dig into their pockets again for another round of installation cost of the tertiary pipes.

Third, in consideration for its declaration of the LPC portion of BF Homes Subdivision as open area, there shall be, for four years only, an add-on charge of P10.00 per cubic meter of actual consumption as a RIGHT-OF WAY (ROW) toll fee in favor of and payable to BF Homes, Inc. Assuming an average consumption of 30cu.m. /month, the cost to the homeowner is P300/month for a total of P14,400 in 4 years. This ROW toll fee shall be billed as a separate line item and included in the monthly water bill /SOA of Maynilad which MWSI has agreed to include, subject to the approval of the MWSS-Regulatory Office. MWSI, however, clarified that if the customer won’t pay this ROW toll fee item in the bill/SOA they will not disconnect.

Fourth, the homeowner has the option to accept or reject this ROW toll fee, but it would seem he/she really has no viable option as rejection means no potable water service connection.

Comments: This arrangement is beneficial to both Maynilad and the developer but not to the homeowners. Maynilad avoids the cost of due process and just compensation for the system and the developer gets to charge P10 per cu.m. used by the homeowners by way of compensation for the system that Maynilad is supposed to pay when it acquires the system. This tantamount to tolerating and rewarding the utter misrepresentation and dereliction of duty committed by the developer while penalizing the residents and homeowners in continuously depriving them of much needed potable water.

At the risk of being repetitious, there is no sense of personal honor of keeping one’s word anymore. We have become a society of Pontius Pilates, washing our hands of responsibilities as he did. Yet a man who does not keep his promises is not a man; he is a weasel.

Maynilad's response to our queries

2009-09-23T14:40:00.001+08:00

Here’s the response of Maynilad President Rogelio Singson to our queries.

“As far as the extension is concerned, we still have to get final RP government approval through the Department of Finance.

“With respect to private subdivisions, the existing policies of MWSS will still govern the concessionaires. When we say we are ready to include and assist private subdivisions, what we are doing in BF will continue. We still cannot subsidize private subdivisions under existing policies of MWSS and under HLURB/PD-1345. All we can offer is exactly what we have done to BF residents, assist in providing financing. As we have committed, we are now aggressively laying out main distribution pipes to service the whole BF Paranaque. We hope to be able to also do the same for BF Las Piñas under the same arrangement with the homeowners associations. This is the best assistance Maynilad can provide at this time. Thanks for your support. Should you need further information, you may contact me or Reggie Cruz for further discussion.”

The Revised Memorandum of Agreement Suggestions

2009-09-18T09:38:00.004+08:00

ere are comments and suggestions by a homeowner on the Revised Memorandum of Agreement between the Maynilad and the Association.

Rights & Obligations of MAYNILAD

Par. 1[b]. I suggest that the last phrase “bill the Association therefor” should read “bill the ASSOCIATION or the homeowners direct therefore;” Indeed, the homeowners will get billed directly.

Par. 1[h]. I suggest to insert “should the full amount of the bill remain unpaid …” This is to ensure that the homeowner pays not only his water consumption but also the cost of secondary pipes and the service connection fee stated in the bill.

Rights & Obligations of the ASSOCIATION

Par. 2[a] Why should Maynilad not be the one responsible “to engage” [choose their sub-contractor who is competent/knowledgeable and with expertise to lay down the pipes for a fast and efficient flow and distribution of water?] I was just thinking that Maynilad, having the expertise, can supervise the job, and not the ASSOCIATION.

Par. 2[b]. In this provision, the ASSOCITAION acts as guarantor for those homeowners who may not pay his share in the second piping cost, despite his earlier commitment. Where will the ASSOCIATION get funds to pay for this, if it happens?

Par. 2[c]. I suggest the following insertions be made to conform to the Letter May 21’09 from the Water Committee.

“c… each individual member/homeowner … which includes The Cost of Water meter and the guaranty deposit of …, payable in six [6] equal monthly installments of P1,190.40 per household.”

Par. 2[f]. Deed of Donation. I was just thinking that maybe we should not rush the transfer of ownership of the secondary and tertiary pipes to Maynilad in light of the provisions in Section 3[e] granting Maynilad the right to terminate the MOA and DISCONNECT the water line in case of breach by individual homeowners/ASSOCIATION of any provision in the MOA. [What if a great number of homeowners do not pay after 1 or 2 installments of the service connection fee or say do not pay after the 5th or 6th installment of the cost of secondary pipes. These scenarios may be remote but I just raised this so our Board can think of when it will be the proper time to execute such deed.

Special Provisions

Par. 3[c]. After the phrase “[48] monthly installments”, please insert “as well as the service connection fee stated in Section 2[c] above, beginning on the first month’s ….”

Par. 3[e]. Due notice only? I suggest a period be indicated in the notice of termination [say 15 or 30 days or more] so that it is not terminated immediately. Then the ASSOCIATION may be able to do something so that the MOA will not be terminated.

BF Homeowners short-changed

2009-09-16T17:34:00.000+08:00

n BF Homes, the developer’s intransigence is legend! There is therefore a need to fast track the installation of the water system.

Homeowners are not exactly overjoyed with the prospect of shelling out P38,200 (each household) and relinquish their rights in favor of Maynilad on the Distribution System and the interconnecting lines being constructed. Worst, they have to execute the corresponding Deed of Donation in favor of Maynilad.

By losing ownership through donation of the water distribution system, homeowners could be digging themselves another problem if and when Maynilad, a private entity, losses its concession.

The cost of the subdivision lots sold include all costs such as roads and parks, open spaces and other improvements. Homeowners are short-changed because the developer reneged on its commitments. It is unfair when homeowners are made to pay again for the water system and donate it to a private concessionaire.

There is no sense of personal honor of keeping one’s word anymore. We have become a society of Pontius Pilates, washing our hands of responsibilities as he did. Yet a man who does not keep his promises is not a man; he is a weasel.

Summary judgment: its implication

2009-09-04T08:00:00.005+08:00

as Piñas RTC (Br. 255) Presiding Judge Raul Bautista Villanueva, in a 29-page SUMMARY JUDGMENT issuance dated 25 August 2009 but made publicly available 2 September 2009 only, LIFTED the preliminary injunction against Maynilad Water Services, Inc. and its Contractors but declares EO 688 as UNCONSTITUTIONAL, and the IRR of PD 1345 as VOID.

The Dispositive portion of the Summary Judgment reads:

“WHEREFORE, the foregoing considered, the “Joint Petition” dated 26 February 2008 of the Petitioners BF Homes, Inc. and PWCC is PARTIALLY GRANTED and judgment is hereby rendered as follows:

Declaring Executive Order No. 688 as UNCONSTITUTIONAL, and the Rules and Regulations Implementing the Provisions of Presidential No. 1345, entitled “Empowering the MWSS to Take Over the Centralized Water Supply Systems in Residential Subdivisions Within its Territorial Jurisdiction” as “VOID”;

Dismissing the said petition against the respondent HLURB and insofar as PD 1345 is concerned;

Making permanent the Writ of Preliminary Injunction issued against the respondent MWSS with respect to the implementation of EO 688 and its IRR; and,

Proclaiming Maynilad Water Services, Inc. and its contractors as no longer covered by the Writ of Preliminary Injunction dated 10 September 2008 with respect to water pipes laying being undertaken by it since the same, though found irregular, is subject to any existing business or property right of the petitioners.

Its implication

Here are the thoughts of a BF Homeowner received by email:

BF Homes and PWCC can ask for a reconsideration of the lifting of the injunction against Maynilad and its contractors, but it looks like BFHI won’t, based on the press statement of Cong. Golez. So, if BFHI makes good of its pronouncements, the whole of BF Homes Parañaque, Las Piñas, and Muntinlupa will have adequate, clean, potable and less-costly water by Christmas Day 2009 according to Maynilad President Rogelio Singson.

Since EO 688 has been declared unconstitutional and the IRR of PD 1345 void, the legal basis of MWSS /Maynilad to pass on the cost of a water distribution or reticulation system to the homeowners of private subdivisions may have disappeared. But the ruling declaring the EO unconstitutional and the IRR void is not yet final and executory. It is expected that MWSS through the Solgen and the OGCC may likely appeal this ruling directly to the SC as it involves a question of constitutionality of government issuances. Considering that it will take a long, long time before the constitutionality issue is resolved by the Supreme Court, the expedient way to have water before Christmas is for the enclaves and homeowners to just go ahead and pay for the cost of the enclave water system with the possibility of pay back at some future time, just like the 2000 others who now have Maynilad water.

In the presentation of Maynilad for the extension of their concession agreement by 15 additional years, Maynilad President Singson, in a public consultation meeting held few months back, committed the inclusion of the private subdivisions in the capex funding for the construction of water systems. So the homeowners should support and endorse the approval of the term extension proposal of Maynilad so that the burden of paying for the water infrastructure will not be passed on to the homeowners. But what about those who have already paid for theirs? Will Maynilad treat it as investment to be returned at some future time? We can only hope for it for now.

What if BFHI changes its mind later and restrains Maynilad again which may be brought about by non-agreement as to the serviceable facilities Maynilad is willing to accept and pay. Then we are back to square x again.

What should homeowners do then? a) ask Maynilad to fast track the completion to beat any new TRO, b) ask the mayors of the 3 cities to expeditiously, with unwavering political will, pursue the acquisition by the LGUs of the road lots, open spaces, etc. of BF Homes by public auction of these properties for non-payment of real property taxes - as the LGUs can immediately transfer title to the properties in their favor per the LGU code of 1991 and the Issuance of the Land Registration Authority.

You may post your comments or reactions to this piece on the combox below.

Breaking News: RTC Judge lifts injunction against Maynilad!

2009-09-02T16:06:00.002+08:00

This breaking news by text from Cong. Golez - which is his statement to the press:

“RTC Judge Raul Bautista Villannueva lifted 9AM today the injunction against Maynilad Water Services Inc.’s water connection projects in BF Homes. This was announced by BF Homes, Inc. (Aguirre Group) during a congressional task force hearing chaired by Cong. Amado Bagatsing. Congressman Roilo Golez then moved, and the motion was mutually accepted, for BFHI to have agreement in open hearing with Maynilad that the latter can now proceed pipe laying and waterworks construction without interference from BFHI. The group then shook hands, formally recorded as part of the task force hearing to formalize the agreement, witnessed by Cong. Golez, Bagatsing, and UBFHAI president Leon Arceo, representing 12,000 households inside BF. Golez, who himself is a BF homeowner and resident, exclaimed that this is a historic moment for BF Homes (Parañaque, Las Piñas and Muntinlupa) as they see now a 20-year old dream coming true. Maynilad assured that with this congress-initiated agreement, Maynilad waterworks construction projects in BF Homes Parañaque, Las Piñas and Muntinlupa will be completed before the end of this year.”

Las Piñas judge in hot water

2009-09-02T10:25:00.001+08:00

fficers 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.

Maynilad resumes pipelaying operations

2009-09-01T10:12:00.002+08:00

During the 26 August 2009 congressional hearing, Congressman Roilo Golez was the one who moved that the National Water Resources Board issue a Cease and Desist order against the BF Homes Inc (Aguirre Group) to prevent it from interfering in the pipe laying operation of Maynilad in BF Homes Paranaque. This was after Golez established that BFHI had no more personality to operate as a water utility since its Certificate of Public Convenience expired in 2003. The following day, Maynilad resumed its pipe laying operations in BF Homes Paranaque. Video shows Golez inspecting the pipe laying in front of the UBFHAI clubhouse.

Congresswoman Villarosa against "cease and desist" motion

2009-09-01T10:10:00.002+08:00

Congresswoman Villarosa expressing reservations on Golez motion for National Water Resources Board to issue cease and desist order against BFHI.

Congressional hearing on BF Homes water mess

2009-09-01T10:04:00.003+08:00

Congressman Roilo Golez and MWSS agreeing that the Judge showed, by issuing a TRO on the Maynilad pipe laying project, that he was either ignorant of the law or committed grave abuse of discretion. Here, Golez also got the National Water Resources Board to state that the BFHI had no more personality to operate a water utility and that BFHI was operating illegally.

Waterless BF Homes: No immediate relief in sight

2009-08-23T23:31:00.013+08:00

Water Crisis in BF Video-Documented in "KALYE", ABSCBN Ch2 @ 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!

Fighting for Water in BF Homes

2009-07-27T18:28:00.006+08:00

This article is reproduced in the interest of public service.

Fighting for Water in BF Homes

By Rita Linda V. Jimeno

The Manila Standard Today

Despite my profession as a lawyer I understand why, sometimes, laymen disdain the courts, if not the judicial system. People say the courts can unwittingly be turned into instruments to deprive people of their basic rights through technicalities when those who have the means use the system for objectives other than what is fair and just.

A critical situation involving water in BF Homes Subdivision is a case in point. BF Homes is the biggest residential village in Southeast Asia sprawled on three major cities, namely, Parañaque, Las Piñas and Muntinlupa. It used to be one of the fairly upscale subdivisions in Metro Manila until its developer stopped, many years ago, providing a basic human need—water —to its residents. Incredibly, its residents which number around 12,000 people have been suffering from the absence of potable water supply and have done nothing drastic to protest their unjust deprivation of what is tantamount to a human right. When President Arroyo issued Executive Order 688 directing the Metropolitan Waterworks and Sewerage Service to provide water to BF Homes Subdivision, its residents felt immensely grateful that immediately, without water yet being actually given to them, they posted huge billboards in the Village and along the South expressway thanking the president. The Executive Order directed MWSS to take over the central reticulation system or the water pipeline distribution system of the developer to provide water to the residents of BF Homes.

But the developer, BF Homes Inc. and its sister company, Philippine Waterworks Construction Corp. which have, for years, reneged on their obligation to provide water service to the entire subdivision, filed a complaint in the Regional Trial Court of Las Piñas against MWSS and all persons and agents acting on its behalf questioning the constitutionality of the Executive Order and Presidential Decree 1345 upon which the Order was predicated. They asked for the issuance of a writ of injunction against MWSS to stop it from implementing the Presidential Decree and the Executive Order. The Regional Trial Court of Las Piñas, where the case was lodged, issued a writ of preliminary injunction sometime in 2008 restraining MWSS from taking over the water pipeline and distribution system of the developer and the water company owned by the Aguirres, arguing that it was tantamount to unlawful taking of private property. The homeowners were frustrated and disappointed. They had thought that their waterless plight would soon be over—they were wrong. Still, they accepted the Court’s order but had to find other ways to solve their need for water. Hence, in their private capacities and acting through the presidents of their respective homeowners’ associations, they entered into agreements with Maynilad, a private company in the business of providing water service. The households have had to shell out their own money to put up a fund to pay for the excavation of sidewalks and the pipe laying as well as the re-cementing of sidewalks that had to be excavated. Water soon came to some of the enclaves of BF Homes but before the entire Village could be serviced with water, on July 3, Judge Raul B. Villanueva of the Regional Trial Court of Las Piñas issued another Order. This time the Court restrained Maynilad, a private water concessionaire, as well as the private contractors which the residents engaged to do the excavation, from continuing with their excavation and pipe laying. This effectively, once more, prevented the residents of BF Homes from ever having potable water flowing from their taps.

The court’s rationale for preventing Maynilad from continuing with its pipe laying and eventually providing water to the 12,000 residents of the subdivision was that it was acting as an agent of MWSS which had previously been restrained by the Court from taking over the water distribution system of the developer.

What the residents lament is that the water company owned by the developer is no longer capable of providing water service to them as in fact it has failed and completely stopped providing water service to the residents for almost a decade now. Moreover, even if it wanted to resume providing water service to the residents, PWCC can no longer do so as the National Water Resources Board has denied its application for a certificate of public convenience to operate and maintain a waterworks system. The Order by the National Water Resources Board denying the application of the water company was presented as evidence in the trial of the case but the court ruled that it was of no moment. What was in issue, it said, was the constitutionality of the Presidential Decree and the Executive Order directing the MWSS to take over the central water distribution system in BF Homes.

It was argued by MWSS that it was not taking over the water system owned by PWCC and BF Homes Inc. First, it said, it was Maynilad and private contractors which were doing the diggings and pipe-laying. Second, what was being put up by Maynilad was its own parallel water system and did not touch the water system of PWCC. The Court, however, said that “the completion of the diggings by the homeowners’ associations and the pipe-laying by Maynilad will result in the takeover of the water services being provided” by BF Homes Inc. and its water company, PWCC.

But what ‘water services’ could the Court have been referring to? The developer and PWCC had long failed to provide water service to the BF Homes community. Their being able to ever resume their ‘water service’ is highly unlikely as they have been denied a certificate of public convenience to provide water service by the National Water Resources Board. This can only mean that the thousands of residents of BF Homes must now start looking elsewhere to live as there will never be a chance they can have water flowing from their taps for as long as the developer withholds consent to the entry into the village of other water service providers.

Republic Act (8735) 8975 prohibits the issuance of writs of injunction against government infrastructure projects because what is contemplated is the primacy of public interest over private rights. If indeed BF Homes Inc. and PWCC stand to be injured, such injury is certainly compensable if later on, they can establish their right and the injuries they suffered, a lawyer for the residents of the subdivision stressed. Injunctions should be issued with extreme caution when they involve potential injury to the public, he added. Water is not only a basic need. Access to water has been classified as a basic human right. The thousands of residents of BF Homes beg the Court to see the big picture in this light.

Email: ritalindaj@gmail.com

E-mail: ritalinda@jimenolaw.com.ph

Memories of New York

2009-07-21T10:46:00.001+08:00

As the old refrain says, I want to be a part of it!

On Vacation

2009-07-19T20:56:00.002+08:00

This is a nice view of the Pacman's Boracay beach resort.

Historic moment: First Traditional Latin Mass after 40 years

2008-07-03T18:05:00.002+08:00

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

2008-06-07T21:29:00.003+08:00

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.

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?

2008-05-26T09:55:00.003+08:00

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.

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?

2008-05-18T16:34:00.005+08:00

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

2008-03-18T09:03:00.009+08:00

“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.

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”

2008-03-11T08:52:00.005+08:00

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

2008-03-03T12:31:00.002+08:00

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

2008-01-21T22:31:00.000+08:00

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

2008-01-18T22:09:00.000+08:00

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

2008-01-08T17:11:00.000+08:00

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

2008-01-02T14:39:00.000+08:00

“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!

The Trillanes Caper

2007-12-01T18:52:00.000+08:00

[This came from a reader. Slightly edited]

There was really a planned mammoth rebellion scheduled for Nov. 30, 2007, to culminate in the toppling of GMA and take over of the government. It was supposed to comprise of ERAP minions, Bayan etc., Trillanes and other opposition groups. The inevitable church personalities were to put the church’s stamp on the attempted coup — Bishops Labayen and Antonio Tobias and running priest Robert Reyes. But then Trillanes with his messianic complex and believe sa sarili ego, feeling that on Nov. 30 he would be only one of those in the coup d'etat, decided to preempt his cohorts and staged that walk out [para sya lang ang hero] on Thursday. That's why nag iisa lang sya. The Philippine National Police was prepared for the Nov. 30 mass rally but was caught flatfooted by Trillanes' walkathon to Manila Peninsula. But ABS-CBN was tipped off, which explains the presence of Ces Drilon at the Regional Trial Court and Pinky Webb at the hotel.

Trillanes assumed that there would be negotiations again while he was holed out there but GMA gave orders to DILG Puno to finish this standoff. Thus the tear gas and the tank that rammed the door of Manila Pen [for impact].

Trillanes surrendered to tear gas!

Mini-Revolt

2007-11-29T14:08:00.000+08:00

Thursday, Nov. 29, 2007

As this is being written, Gen. Lim and Sen. Trillanes, walked out of the Makati trial court with their armed military escorts to Manila Peninsula Hotel in Makati. Gen. Lim and Sen. Trillanes are under trial for rebellion.

Gen. Lim read a prepared statement calling for the overthrow of the duly constituted government under President Gloria M. Arroyo while ex-Vice President T. Guingona listened intently. Two Catholic bishops are reportedly on their way to lend support to the malcontents.

This “stunt” is insulting to the taxpaying public who pays their salaries. We have had enough of people like them trying to put our country in chaos and who think they know all the answers. We are for a healthy opposition but this is ridiculous.

Indecent Haste

2007-11-11T15:03:00.000+08:00

“HLURB takes over BF homeowners’ group… 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 President Celso Reyes.” [PhilStar, Sunday, Nov. 4, 2007].

You have just read a big problem with media. What was reported, whether right or wrong, could not be taken back.

The media can inform or entertain but they can also shape your opinions. And they can be used by powerful people to seduce, persuade and often lie to you. That’s dishonest, to paraphrase a respected journalist.

Journalism is a business, and the business of business is to make money and those who can best do that are the charlatans and opportunists. Come across or nothing gets printed or broadcasted, that’s “envelopemental” journalism.

Let’s get the story straight.

The sanction against the board of directors and the forcible takeover of the United BF Homeowners’ Association clubhouse was effected by a sheriff, several Parañaque policemen, about 50 civilian security units from the office of the Mayor, and a bunch of Barangay tanods. The word “overkill” is not even appropriate for this outrageous incident.

It is unusual to observe law enforcers in record numbers; hindi na kailangan sunduin pa [no need to pick them up] by homeowners calling for assistance. Law enforcers are blind to frequent broad daylight robbery-holdups and break-ins in the commercial areas and residential enclaves.

Homeowners are learning to leave at home their wallets, credit cards, expensive jewelries and cell phones when dining out or going to hair salons, a risky proposition at this time. This deplorable situation is the consequence of the mayor’s action of opening the main gates of the subdivision to the general public and prohibiting the posting of security guards at the main gates. It is ironic that his own brother and sister-in-law were victims of motorcycle-riding criminals in broad daylight robbery-holdup while having lunch in a restaurant.

You don’t have to be a rocket scientist to know that the HLURB directive appointing a management committee over a duly elected board of directors was flawed. The disqualification of the complainant during the recent election precipitated the filing of the suit. The case against the Election Committee was an election controversy, pure and simple. How can the HLURB Arbiter issue any directive, let alone bind the Association and its Board of Directors, who are not even impleaded parties to the case?

The sheriff effected the takeover of the clubhouse without a writ of execution and the HLURB Arbiter practically re-wrote the rule in ordering his decision executory despite the perfection of an appeal. Section 4 Rule XVI of the HLURB Rules provide that the “filing of an appeal in accordance with these rules shall have the effect of automatically staying the execution of any decision or order of the Arbiter or Executive Committee, unless otherwise provided in these rules.”

Such indecent haste and “garapalan” [bare-faced] violation of the rule of law merits congressional investigation.

Like the soldiers in the Ninoy Aquino slay case who were criminally convicted, the classic defense of these modern Pontius Pilates is that they were “just following orders.” When will our law enforcers learn that following unjust or unlawful order is not a defense for a criminal act or an excuse for wrong doing?

A Sad Commentary On American Justice

2007-08-18T08:30:00.000+08:00

The U.S. Supreme Court slammed the door on Filipino-Americans born in the Philippines. By its denial to review the appellate court’s decision, the Court closed the window of opportunity to address a wider issue of national importance which cuts to the very core of America, its loyalties and the allegiance of its citizens.

The case arose when the [former] Immigration and Naturalization Service [“INS”] decided after 2 years that they committed an “error” in issuing the certificate, and after protracted proceedings, cancelled James’s [not his real name] certificate of citizenship. After exhausting administrative remedies, James brought an action for declaratory judgment and the district court declared him a U.S. citizen.

James, a “natural” son [his parents married in 1958] of a U.S. citizen father and a U.S. national mother, was born in the Philippines in 1931 during the territorial period [1898-1946]. After his father died in 1966, James sought to establish claim to U.S. citizenship, being frustrated by the interpretation given by the Department of State. He finally prevailed and was issued a certificate of citizenship in 1992 and thereafter his U.S. citizenship passport. His wife was admitted as a lawful permanent resident and resides with him, as well as his youngest children who immigrated as minors.

On appeal, the appellate court ruled that “residence in the Philippines during the territorial period does not qualify as residence ‘in the United States’ and ‘the rights of citizenship shall not descend to children whose fathers never resided in the United States’ under Revised Statutes §1993,” effectively reversing the decision of the district court.

Revised Statutes §1993, originally enacted in 1855 when the U.S. was not yet a colonial power provides that “All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States, but the rights of citizenship shall not descend to children whose fathers never resided in the United States.”

Under strict interpretation of the statute, children of U.S. citizens born in the Philippines during the territorial period were not born outside the “jurisdiction” of the United States, and therefore, the statute does not apply. Yet they were not born “in the United States” under Article XIV, and could not gain citizenship in that manner. In other words, the absurd situation arises that these children, disenfranchised of their citizenship, could be considered to have fallen through a “statutory crack,” an aberration in law.

While children falling in the “statutory crack” may have been disqualified under the literal reading of the statute, the agency [INS] did not engage in the literal practice of disqualification for many years. Instead, U.S. agencies applied or interpreted or “constructed” Revised Statutes §1993 provisions to include those children as citizens. Likewise, residence in the outlying possessions was deemed sufficient to transmit citizenship to a child. James’s father, born and lived all his life in the Philippines, derived his U.S. citizenship at birth from his father [James’s grandfather] despite not being born outside the “jurisdiction” of the United States. R.W. Flournoy, Assistant to the Legal Adviser, Department of State, at the hearings before the House of Representatives, Subcommittee of the Committee on Immigration and Naturalization, 76^th Congress, H1073-6, Nationality Act of 1940, testified:

“We have been holding in the State Department for years that, notwithstanding the peculiar language of section 1993 of the Revised Statutes, which relates to a child born outside the territory and jurisdiction of the United States, we have been holding that that is applicable to a child born in one of the outlying possessions; otherwise those children would be aliens.” [Revise And Codify Nationality Laws, pp. 55-56].

James’s entire life has been literally turned upside down by this event – cancellation or revocation of citizenship – when in truth and in fact the sole basis of the upheaval is a purported “error” that INS freely admitted in the application or “construction” of Revised Statutes §1993 which, if taken strictly, does not even apply to him. The liberties taken by INS in reading into the Statute a “construction” which excludes James from his citizenship is not only inequitable and unfair under the circumstances, but is at cross purposes with the substance and intent of the law itself. James in truth has no chance under the Statute, not because he is disqualified by it, but because it does not apply to him. What the INS asked the court to uphold is the application, interpretation or “construction” the INS itself gives to the Statute, which unfairly disqualifies James.

The Department of State since 1912 has held that Revised Statutes §1993 apply as of the date of birth, to child born out of wedlock in the outlying possessions of the United States, provided paternity is established. The Attorney General sustained the “construction” in an opinion of April 7, 1920. [32 Op. Atty. Gen. 162]. Ironically, the same Attorney General now holds that residence in the Philippines during the territorial period does not satisfy the residence of the Statute. Since the appellate court has sustained a new statutory “construction”, will the Attorney General cancel the certificate of citizenship “illegally” issued to illegitimate children born in the Philippines since 1912?

Within In re Mendiola [647 F. Supp. 839 (S.D.N.Y 1986)], the originator of the chain of citizenship was a U.S. born great grandfather. All subsequent generations lived only in the Philippines, and all were granted certificates of citizenship. Will the Attorney General now apply the court-sanctioned “construction” and cancel certificates issued to the generations of Meniola’s?

Acquisition of birthright citizenship is retroactive to birth – the citizen is considered to have acquired citizenship at birth and to have always maintained that status, even if that status is not confirmed until adulthood. While there are conditions precedent, for some categories, conditions subsequent or concurrent such as the modern retention requirements, once granted, there is no second class citizenship status recognized either under the constitution or in the statute.

Here, James was determined by the INS to be a citizen of the United States at the time of his birth. He was administered and voluntarily took an oath of allegiance to the United States at the time of that determination, effectively renouncing his Philippines citizenship. He applied for and obtained a U.S. passport. Upon his last entry to the U.S., he was admitted as a U.S. citizen. The Court’s decision has rendered him stateless, a cruel and unusual punishment, unable to obtain passport to travel and has been deprived peace of mind from fears of deportation and separation from loved ones.

Current statute provides for the cancellation of a certificate of citizenship for those who “illegally” acquired citizenship at birth, but clearly states that cancellation of the certificate des not affect the underlying citizenship status of the person in whose name it was issued. There is absolutely no process for the removal of the citizenship, the nullification of the oath taken, or a return to former status, since from birth the status of the individual was that of the citizen.

The absence of a de-citizenship process and the express inclusion of the provision that cancellation of the certificates does not alter the underlying status is powerful evidence that James’s case should have been accorded the absolute scrutiny by the Supreme Court. Congress has had ample opportunity to correct this situation if it deemed it to be a defect. The Illegal Immigration Reform and Immigration Responsibility Act of 1966 was a comprehensive overhaul of the Immigration and Nationality Act, but did not include a provision to correct this alleged “defect.” James contends that this is because it is no defect in law, but rather a clear message that birthright citizenship, once granted, is not to be taken away.

It is clear that the court-sanctioned “construction” of Revised Statutes §1993 is flawed. Yet, the Supreme Court has declined to exercise its power of judicial review and takes issue with the narrow and myopic reading the appellate court gave to Revised Statutes §1993 in its adoption of the position of the Attorney General. As a result, the agency can now rightly lay claim to the enviable power to wield the unrestrained sword of bias and prejudice – today to interpret in favor, tomorrow, to interpret against. The many-horned hydra of arbitrariness, capriciousness and unbridled discretion shall rear its ugly head.

Water Blues

2007-08-01T09:03:00.000+08:00

Metropolitan Waterworks and Sewerage System (MWSS) provides water from the Umiray, Angat and Ipo river basins to Metro Manila’s private concessionaires Manila Water Co. Inc. and Maynilad Water Services Inc. for distribution. However, these water sources can barely meet current demand, let alone connect additional customers.

The proposed P47.93-billion Laiban Dam project is intended to supply 1,900 million liters a day (MLD), or 22 cubic meters a second, of water and address an existing gap of 1,122 MLD in the Metro Manila water supply.

The dam will be built at the Kaliwa River in Tanay, in Rizal province, in the central and southwestern parts of the Sierra Madre mountain range. It is to be an alternative to the Angat and the Ipo dams, and is expected to operate in 2016.

Enough water by 2016? Don’t get your hopes up.

Current census projection shows there will be 88.7 million Filipinos by year’s end. That number can double in less than 20 years. We’re back to square one by 2016.

Presently, there is water rationing in Parañaque. When Maynilad says that they are ready to supply water to 10,000 households in BF Homes, this means further rationing. Equal sufferance?

The developer allowed the village’s Maynilad connection to be cut off by refusing to pay its bills amounting to P5 million and also by refusing to allow the homeowners direct connection to Maynilad which would have been a cheaper option for homeowners instead of buying water in bulk and reselling it to the homeowners at a profit.

The wells in the subdivision have dried up when the United BF Homeowners’ Associations, Inc. (UBFHAI) filed a case asking, among others, the Housing & Land Use Regulatory Board (HLURB) to order the developer to provide 24-hour water supply to homeowners. Jurisdictional resolution took all of nine (9) years from the time the case was filed on July 5, 1995.

On September 27, 2005, the HLURB ordered “respondents BF Homes, Inc. and Philippine Waterworks Construction Corporation (PWCC) to provide a 24-hour water supply to the entire subdivision failing which to turn over the operation of the water system in the subdivision to the United BF Homeowners’ Associations, Inc.”

Unfortunately, the developer has taken steps to appeal that decision. With or without the foregoing decision, the provisions of Presidential Decree 1345 can be properly applied, the Association wrote the MWSS last February 28, 2006. The decree provides:

“MWSS, shall upon petition of the Homeowners Association … 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 … The cost to render the system operable shall be chargeable to the subdivision owner/developer provided that the provision of adequate water supply has been specified or implied in the contract of sale or other forms used in offering the housing units within the project for sale. Otherwise, the cost to make the system operational shall be chargeable to the homeowners of the subdivision.”

By choice, Maynilad prefers to supply to PWCC instead of direct connection to homeowners so that it can charge the higher commercial rate instead of the cheaper residential rate and avoid system maintenance services. On the other hand, PWCC profits by reselling the water above its acquisition costs and operating expenses without the expense of drilling more water wells.

Obviously, the direct connection option by the enclaves suggested by Maynilad and city hall officials will not prosper at all. Why the empowered MWSS does not “take over the operation and maintenance” of BF Homes water system under the circumstances is anybody’s guess.

In the last election, subdivisions homeowners, comprising the majority of electorate in Parañaque, had the opportunity to elect a non-politician candidate who promised to provide water within his term of office if elected. He was willing to put his money where his mouth is, so to speak, by posting a P50 million performance bond once elected. If we are in this mess, it’s because the majority elected those who, like Pontius Pilate, wash their hands of the responsibility of providing basic necessities of their constituents.

When will water become available to BF homeowners on “equal sufferance” basis is best summed up by Maynilad’s demand to BF Homes water administrator: Pay up.

BF Homes Holdup, Break-in

2007-07-25T10:49:00.000+08:00

About two weeks ago, there was another daylight holdup in BF Homes. Carlo Reyes, a hair saloon beside Union Bank, near Bacolod Chicken House (where the brother’s mayor was earlier held up) along President’s Avenue, BF Homes, was held up by 2 men on a motor cycle. They stuffed in a sack the hand bags and goodies of the ladies and took off in one motor cycle. How about that!

Let me put it this way: When a storm is coming, you close all your windows. After the storm and you see the mess, you don’t ask why. You ask who opened windows.

The following is a slightly edited email, with a request for dissemination to residents and visitors of BF Homes Subdivision in Parañaque:

At around 9pm last night, we (well, our car) were the victims of “glass breakers”.

We were parked along the main street of BF Homes (President’s Avenue) -- a parking lot in front of a closed luxury car shop right beside the entrance to Tahanan Village. A lamp post illuminated the area and it was only a few steps to the guard house. And at 9pm, it was still a very busy street. So without giving it another thought, we locked the car and crossed the street to where we were having dinner.

We came back an hour later to find our left rear window open—at least, that’s what I thought. At closer inspection we found that the window had actually been smashed. And they did a pretty good job of it—the whole glass lay inside the car unbroken, with only shattered bits around it. Maybe that’s why they didn’t trip the alarm. They knew what they were doing, as we were later told by the police that it wasn’t the first time this happened in the area.

Anyway, we realized that a bag in the back seat caught their attention. It wasn’t a flashy one, and we thought our car was darkly tinted enough to hide what was inside. Apparently we were wrong. The bag contained some cash, credit cards, atm cards, a phone, and house keys. So we immediately got on the phone to have the cards and phone line cut, and all that. We put a makeshift window made of dark plastic so that we could at least drive home without inhaling the polluted air of South Super Highway.

And we thanked God that it was just a bag that was stolen, not our entire car...that it was just a window that was smashed, and not us. We’ve all heard these stories before and have been warned, especially about leaving your laptops in cars, or when going to particularly dangerous areas. But when it happens to you, inside a busy, well-lit area inside a private subdivision, with only a simple bag as the trigger, you can’t help but think, what’s the world coming to? Hay.”

Bottom line—please, please be extra careful, guys. No matter where you go, or what you have, these people will always find a way to get what they want (or need—I keep telling myself that I hope whoever did it was really in dire need na lang). Otherwise, sana kainin sila ng mga malalaking pulang langgam. Don’t give them the opportunity.

Priestly Vestments

2007-06-27T15:49:00.000+08:00

The Archdiocese of Manila reminded the faithful that there is a proper dress code for attending Mass. Wearing the proper attire when attending Mass, said the archdiocese’s Ministry of Liturgical Affairs, is an important part of showing respect to the sanctity of the house of God.

Well and good. However, if there is a dress code for the faithful for attending Mass, there are also priestly vestments for celebrating Mass.

Priests in our parish do not follow the General Instructions of the Roman Missal (“GIRM”) with regards to the proper vestment that all the priests should wear at Mass. Most of the time, the priest celebrant wears an oversized stole over what appears to be a plain white “chasu-alb.” The chasuble is supposed to be a robe of color suitable to the liturgy of the day and worn on top of the alb and stole. It’s usually green (for ordinary times), although it could be white, violet, red, rose or black depending on the occasion. What does the 1975 edition of the GIRM say?

“The vestment common to ministers of every rank is the alb, tied at the waist with a cincture, unless it is made to fit without a cincture. An amice should be put on first if the alb does not completely cover the street clothing. A surplice may not be substituted for the alb when the chasuble or dalmatic is to be worn or when a stole is used instead of the chasuble or dalmatic.” [GIRM 298]

The priest who is celebrating Mass normally is to wear an alb and a chasuble:

“Unless otherwise indicated, the chasuble, worn over the alb and stole, is the vestment proper to the priest celebrant at Mass and other rites immediately connected with Mass.” [GIRM 299]

The Ceremonial of Bishops [CB] also describes the priest’s vestment in this way:

“Unless otherwise indicated, the chasuble, worn over the alb and stole, is the vestment proper to the priest celebrant at Mass and other rites immediately connected with Mass. [CB 66]

Wearing the alb and stole only when celebrating Mass has been permitted in limited circumstances (such as during concelebrations when there is a limited number of chasubles available), and when celebrated outside a church or oratory. It is clear from the above that the minimum vestments for celebrating Mass are the “chasuble, worn over the alb and stole.” These vestments are obligatory vestments envisaged in Canon 929, which states:

“In celebrating and administering the Eucharist, priests ad deacons are to wear the liturgical vestments prescribed by the rubrics.”

As already noted above, the rubrics are found in GIRM nos. 298-300, and in CB no. 66. As pointed out above, the exception to these requirements for Eucharistic celebrations are limited to concelebrations and celebrations outside a church. Nowhere does it allow the principal celebrant in any Mass held inside a church building to vest only with an oversized stole over a “chasu-alb.” What happened to the alb, the symbol of purity? Without it, the priest’s street clothes and bare arms can clearly be seen. Isn’t the alb worn precisely for the purpose of hiding the priest’s ordinary wear? How can the laity be expected to dress appropriately for Mass when the ordained minister himself is dressed inappropriately? I have also seen instances of priests wearing an alb but with a plain white or cream-colored “chasu-alb” over it, and an oversized stole over the “chasu-alb.” Both practices are not in accord with the established norms.

This casual mentality towards vesting diminishes the solemnity of the Mass. If people can afford to expend time to dress correctly to attend formal affairs hosted by mere mortals, surely, our Lord deserves no less.

Robbers struck in BF Homes Parañaque

2007-05-10T18:44:00.000+08:00

Three armed men robbed the elder brother of Parañaque Mayor Florencio Bernabe at a restaurant in Parañaque City Wednesday afternoon.

Senior Superintendent Ronald Estilles said Dr. Renato “Boy” Bernabe and his wife Baby were among those who fell prey to the group of robbers who struck at the Bacolod Chicken House at President’s Avenue in Barangay BF Homes Parañaque.

Police said the robbers who were armed with handguns barged at the restaurant at around 1 p.m. and immediately announced the holdup.

Two of the suspects immediately went to the table occupied by the Bernabe family and divested them of their jewelry and cellular phones.

The suspects also took the valuables from about a dozen customers who were dining at the time. Taking advantage of the fact that there was no security guard posted at the restaurant, the heist took only about a few minutes to complete.

The suspects escaped without taking anything from the cash register of the restaurant, police said.

Surprisingly, members of the Parañaque police headquarters arrived at the crime scene ahead of the police personnel from a nearby police community precinct beside the Barangay BF Homes which is just a stone’s throw away from the restaurant.

Estilles said his men is now conducting follow up operation for the immediate capture of the suspects, who reportedly belongs to the FX Robbery Gang who are responsible for the series of robberies on public utility vehicles.

Police said they are now hunting down one of the alleged leaders of the gang identified as Bobby Baliber, whose picture, along with his other cohorts, are now posted in various business establishments BF Homes.

Baliber, a resident of Purok 5, Sampaloc, Site 2, Barangay BF Homes, had been arrested in November 26, 2006, along with two other accused Joel Lazarito and Cris Dadibas, on charges of robbery.

The subdivision residents had resented the move of Mayor Bernabe who ordered the force-opening of the gates of the BF Homes to public traffic, which has reportedly sparked a rash of crimes in the village, including pick-pockets, snatchers, car theft, and cellular phone robbers.

[Daily Tribune by Ben Gines, Jr.]

Face The Issue

2007-05-09T17:39:00.000+08:00

1. Allegation: Romeo G. Roxas of Green Circle Properties and Resources, Inc. logged and cleared their area at Umiray-Dingalan wantonly.

The Facts: The 28,000 hectare Umiray-Dingalan area is a titled property bought from a former owner who have the area logged under an SPLTL (Special Private Land Timber License). The area as far back as the mid of the 18^th century was claimed and cleared by Inspeccion General de Montes and later, during the American Regime was titled under the Torrens System.

Since Roxas’ Green Circle is not a logging company but on realty and development, logging was stopped. The former operator applied for salvage and retrieval operations with the DENR and was the one responsible for logs coming out of the area.

Also, as the area is an alienable and disposable having been a titled property, Green Circle therefore has all the rights to develop their area subject to limitations and provisions of an Environmental Compliance Certificate issued by DENR re: development activities. Hence, for al intents and purposes and as deemed required, Green Circle can cut-down all trees without any violations as per P.D. 705 – the Forestry Reform Code.

2. Allegation: Romeo G. Roxas is not an heir of a Philippine Veteran.

The Facts: The father of Romeo Roxas is an employee of the Commonwealth and is directly providing services to the US Government as a Teacher/ Superintendent. Hence the father is a veteran and therefore the son is an heir.

3. Allegation: He (Romeo Roxas) burns money and cut down trees

The Facts: Romeo G. Roxas is a monetarist who is well-versed with the Keynesian Theory. He doesn’t burn money but instead creates wealth through his development efforts. He implements or wants to implement theories and practices learned and experienced.

The writers/hackers of the undocumented articles in the internet are “journalist” of the AC-DC genre. Romeo G. Roxas proved he can never kowtow with their “extortions” and hence, earned their ire.

Numbers

2007-04-16T16:46:00.000+08:00

30% Proportion of Filipino couples unaware that babies result from having sex, according to a study by the Philippine government.

2.36% Net population growth in the Philippines, among the highest in the world, with 4,000 babies born every day. [Source: Time Magazine, 03/14/05]

Leaders of the Catholic Church, the religion of 81 percent of the Philippine population, condemn birth control.[Source: Pulse Asia]

Ayan!

***

Thousands of Americans were marching on the 4^th year anniversary of the Iraq war, calling the killing of 3,500 American soldiers since the start of the war as “immoral!”

By comparison, since the start of the Iraq war, more than 5,000,000 (five million!) American babies have died by abortion.

It seems to me that the protesters are marching for the wrong reason.

Wake-up Call

2007-04-10T10:56:00.000+08:00

A friend telephoned to disagree to my characterization of BF Homes Parañaque Subdivision. The commercialization of the subdivision is progress, and instead of tossing the blame to the local government for the destruction of the residential character of the subdivision, residents should be grateful.

And why not, considering that even within BF Homes, residents cannot seem to put their acts together on the subject of keeping the subdivision safe for their families whose welfare has been shoved aside by a persistent minority. This is eloquently expressed in Mayor Jun Bernabe’s February 15, 2006, letter to Muntinlupa Mayor Jaime Fresnide:

This is just a follow-up to our conversation last Sunday via our cellphones in which we discussed… the increasing number of complaints that my office has been receiving regarding the use of Tirona gate as a two-way access route for residents living in both Parañaque and Alabang, Muntinlupa sides of BF Homes.

To raise revenues for the municipality to qualify for cityhood being pushed by (re-electionist) Congressman Roilo Golez, public opinion was ignored, public preferences were disregarded, and public meetings were rigged!

In water-starved BF Homes, the 1997 re-zoning of subdivision’s main streets converted properties one lot deep along Aquirre and a portion of El Grande Avenues to commercial zones, allowing the construction of multi-storey structures, restaurants, beer houses, super clubs, liquor stores, gasoline service stations, supermarkets, banks, colleges and universities, including funeral parlors, mortuaries and crematory services and memorial chapels. Homeowners are outraged by the prospect of having such establishments as their next door neighbors.

The letter continues: Sometime in August last year, we implemented City Ordinance No. 00-15, Series of 2000 and opened the major roads of BF Homes-Parañaque to the public. In doing so, we effectively took over from UBFHAI the function and responsibility of manning the gates of the subdivision’s major roads in the interest of order and public service…

The local government cannot simply take over private property [the road lots are privately titled] without due process, but [re-electionist] Mayor Jun Bernabe, using SWAT power, forcibly opened the gates of the subdivision. In doing so, as his letter aptly articulated, he effectively let loose a huge influx of outsider traffic that includes commuters, short-cutting motorists, commercial vehicles of all types, and legions of squatters, carjackers, carnappers and even prowlers, thieves, rapists, and all sorts of criminals.

Over the objections of homeowners, and despite the constitutional proscription against the use of public funds for private purposes, the mayor appropriated yet another portion of Aguirre Park for a two-story Barangay Hall. For good measure, the park fronting the Resurrection Parish Church is also designated garbage segregation facility. [Follow your nose, you can’t miss it!]

The commercial area in Phase I has been converted into one big parking area with the “pito” boys, displaying the charms of modern Mafioso’s, licensed to collect “parking fees.” These “volunteers” are sporting “PNP-CVO” uniforms, cap and ID’s costing, I am told, something like PhP1,000. 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. Yet, despite repeated written appeals for enforcement from some 200 residents located at the end of President’s Avenue, the local authorities remain deaf. The commercial establishments continue with impunity 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.

Obviously, our barangay captain, who is busy campaigning for a seat in the city council, is the problem, not the solution.

We are not against progress, but traffic, efficient garbage disposal and distribution of basic necessities are also primary considerations. Progress should be rational and for the good of the majority, otherwise, it is a brutalization of the quality of our lives.

The present dispensation has destroyed the residential character of our neighborhood, forcibly opened our gates to horrendous outsider traffic and exposed residents to criminal elements, illegally constructed government facilities on the park, including garbage segregation facility. Yet, many of those responsible are shamelessly seeking re-election, while some even have the gall and temerity to aspire for higher public offices.

We are saddled with officials who cannot grasp even the basic fundamentals of urban planning, who lack the creativity to increase the city’s coffers except to increase real estate taxes, and who exhibit total disregard for a healthy environment.

Clearly, our re-electionist congressman, mayor, councilors, and barangay officials are insensitive and unresponsive to the feelings of residents over the demands of outside speculators. THEY DO NOT DESERVE OUR VOTES!

We can make the difference

2007-03-26T14:37:00.000+08:00

After having scrimped and saved and then spent our life savings for a house in BF Homes Parañaque Subdivision in order to enjoy a well deserved peace and quiet away from the madding crowd, so to speak, we find that we are to suffer the sad fate of having the same madding crowd practically in our front yards, complete with cars and vans to boot.

Our politicians have shove aside our families’ welfare in the interest of commerce, opening our main gates to a huge influx of outsider traffic that includes squatters, commuters, short-cutting motorists, and even prowlers, thieves, rapists, and all sort of criminals.

Criminals are now roaming free in and out of BF Homes to commit murder, armed robbery, “akyat-bahay,” carjacking, carnapping and snatching. Even our PCJ church parishioners within the confine of the church premises were not spared by the brutality of crime.

We have to queue up to get in and out of the subdivision. BF Homes is now the main artery for traffic to and from Cavite/Las Piñas and Parañaque, Pasay, Makati and points north. Foot traffic has drastically increased and we no longer know the background and number of strangers roaming our neighborhoods.

In a word, we have the distinction of having been chosen by the mayor of Parañaque to be fed to his constituents!

The commercialization cannot, by any stretch of imagination, be described as promotive of the health, safety, peace and order, education, morals, comfort and convenience, or protection of property – in short, the wellbeing and general welfare – of the greater number of residence of BF Homes. For the serenity, peace and quiet have been replaced by the chaos, turmoil and frenzy of commerce. Where there was no crowding, congestion, and air and noise pollution, these banes of the so-called “progress” now pervade and suffocate the environment. To characterize the re-zoning as an exercise of police power would be retrogressive.

To paraphrase a justice of the appellate court, part of the allure of subdivision living is the comparative privacy and exclusivity which the residents enjoy. Otherwise, we might as well have lived along the main road and spared ourselves the expense of paying a premium for our abodes. Perhaps Mayor Jun Bernabe and his obedient cohorts would not would not think too highly of their idea of general access through subdivision roads if it were they whose relaxation would be disturbed by the constant honking of horns and the screeching of tires, or if they had to live in constant fear of a wayward car plowing through their front doors, decimating the entire household, maids, children and all.

We are saddled with officials who cannot seem to grasp even the basic fundamentals of urban planning, who lack the creativity to increase the city’s coffers except by increasing real estate taxes and who exhibit a total disregard for a healthy environment.

We made the difference in the 2004 election with a voter’s turnout of 60% instead of the usual 10%. Let’s all go out in the upcoming May election to express our indignation by voting them out of office.

The Nativity Story

2006-12-09T10:41:00.000+08:00

(Review of the film “The Nativity Story” by Mr. and Mrs. Daniel Heckenkamp of the Apostolate of Our Lady of Good Success in Oconomowoc, Wisconsin).

On December 2, 2006, on the First Saturday of December, we went to the local movie theater to watch the movie “The Nativity”. Based on previous reviews of this movie that we had heard, and the fact that the Vatican2 held a premier showing of this movie, we were expecting a movie that at the very least held to Catholic beliefs. However, from the very beginning of the movie we soon realized our high expectations had to be thrown into the trash, for as the movie progressed, we became more and more disappointed. The overall conclusion of this movie is that it is not a catholic movie at all, but at best, a Protestant movie directed by men who did not even follow the Biblical account of the birth of Christ. At worst, it is a vile anti-Christian movie created by people who hate Christ and His Church and whose main motive was to defame the name of the Blessed Mother and warp the story of the Birth of Jesus.

As mentioned before this movie discredits our Catholic beliefs, beliefs that are so essential to our Faith that if we do not believe in them, the Church no longer considers us Catholic. What beliefs are these that have been maligned? It is those beliefs which we hold sacred: the Immaculate Conception and the Virgin Birth.

In one of the very first scenes of the movie, Mary is shown with her friends, sowing a field of what looks to be corn. These friends of Mary give sideways glances and smiles to each other after looking at a group of boys that are nearby. Then one of these girls runs to tackle one of the boys and what ensues appears to be a pile up of youths in the cornfield with Mary sort of participating in on the outer edges of this entanglement. Then from the house emerges Mary’s mother looking stern and upset. She calls to Mary and shakes her head “No.” The fact that Mary looks to have been participating in some kind of impropriety and had to be corrected by her mother is beyond belief but this is only one occurrence of “sinning” on the part of Mary. For throughout the first part of the movie, Mary is depicted as any normal 14 year old given to sullen, sulky moods. This movie shows her to be unhappy with the future marriage that is being arranged for her by her parents (which we know to be historically incorrect). She walks out of her house in defiance when her father tells her that she is now betrothed to Joseph. These scenes call into question the dogma of the Immaculate Conception issued by Pope Pius IX in 1854.

It also was implied in the betrothal scene that Mary and Joseph planned on a large family as Mary’s parents indicated that they were to live as husband and wife in every way for one year except for that one act that would produce a family. Joseph began building the home for Mary and their future children indicating Joseph was planning on having many children. This is in line with the Protestant viewpoint that Mary and Joseph had many children after Jesus and counters the Catholic Church as it has always taught that both Mary and Joseph took vows of virginity and mutually consented to live as virgins in the married state.

The scene of Annunciation was not anything that a catholic would contemplate while saying the rosary. They depicted Mary reclining under a tree in the middle of the day while others were around her working. What is supposed to be the “Archangel Gabriel” is first shown as a hawk and then as a man with an Afro-like hairstyle and white robe looking as if he could be a son of Cheech or Chong. The “angel” had no mystical or holy appearance and he is shown at quite a distance from Mary. The portrayal makes you wonder if he’s truly Heaven sent.

The Visitation was portrayed as an excuse to run away from her “intended”, Joseph. A way out all of it – as if the whole idea of the coming of Our Lord and the idea of marriage was too much for her. The Magnificat was left out of this scene; however it was partially narrated at the end of the movie omitting the first half of this beautiful prayer:

“My soul magnifies the Lord, and my spirit rejoices in God my savior; Because he has regarded the lowliness of his handmaid; for, behold, henceforth all generations shall call me blessed; because he who is mighty has done great things for me, and holy is his name; And his mercy is from generation to generation on those who fear him...”

You can be certain, upon looking at these omitted words, just why they were omitted and the intentions of the creators of this vile cinematography!

The birth of Saint John was very degrading. This scene is about two minutes long, depicting Elizabeth holding her upper body up off a chair by holding onto ropes, screaming from pain while two women are ready to receive the child. She delivers, while Mary, with a horrified look on her face, stands by watching. This scene is not suitable for children to watch.

During Mary’s absence at Elizabeth’s, Saint Joseph was portrayed as being upset that Mary left. Also were included, implications that Joseph did not expect Mary to come back, as in one scene where he was deep in thought pondering his future with Mary holding his carpenter tools – then suddenly with a look of frustration and anger, he throws his tools to the ground. Saintly behavior for sure!

When Mary had returned to Nazareth, Joseph was excited to see her. However, on lifting her from the wagon he discovered that she was heavy with child and walked away upset. Mary tried to convince her parents and Joseph that she was not pregnant due to another man but that “an angel” appeared to her and told her she was going to have a baby. There was no evidence of any of the three believing Mary. It was implied that Joseph was ready to stone Mary until he had a vision through a dream (with that “angel” again) that Mary was telling the truth.

The traveling of Joseph and Mary to Bethlehem was the best of all scenes in the movie. But even during this trip there was an occurrence that was disturbing. While Mary and Joseph were walking through a market of a town, a palm reading woman offered Mary a small piece of cheese or bread which Mary accepted but then this sorceress read Mary’s palm and claimed she was going to have a son. Mary accepted this prophecy with a smile and Joseph shook the woman’s hand, thanked her and then they continued their journey. The implication was that Joseph and Mary had no objection to fortunetellers.

The scene of the Nativity was extremely heretical. Besides this grave evil, again we find it necessary to say that this movie should not be viewed by children. Mary was shown to be in labor while she was in the town of Bethlehem. Joseph rushed around carrying Mary in a frantic state trying to find a room for her as she groaned and breathed heavily as if she had taken Lamaze lessons. The worst of the worst occurs once they arrive at the stable with Joseph kneeling ready to deliver the baby. He partially lifts Mary’s dress putting his hands between her legs ready to receive the child. Mary is laboring, her face sweating and in extreme pain with all of the normal actions of a woman in a delivery room and then she gives birth. Joseph raises Jesus in the air showing the baby covered with blood and Joseph laughs for joy totally discrediting belief in the Virgin Birth. There is no sign of worship or adoration by either Mary or Joseph.

Therefore this was not only a Protestant view of the Nativity but also indirectly an act of disbelief in the Divinity of Jesus. There was no indication that Mary and Joseph believed Jesus to be God.

Meanwhile, the Archangel Gabriel (yes, that same “angel”) appears to one shepherd to inform him of the birth. There are no other angels that appear as stated in St. Luke’s Gospel “And suddenly there was with the angel a multitude of the heavenly host praising God and saying glory to god and the highest on earth peace among men of good will.”

One by one, the shepherds seem to be leaving their sheep in a “zombie-like trance” and seen walking NOT RUNNING toward the star as it would seem natural to do considering they received this great news from a heavenly vision of great beauty! There was no joy exhibited in this scene by these shepherds. It only looked as if these guys were told to walk to this cave and stare at something… When the shepherds arrive at the stable Mary is seen reclining and holding the child; he is not lying in the manger. None of the shepherds worship or adore the child and they arrived simultaneously with the three Kings. Who neither appear to be worshipping him. Then there is this GREAT pause in the movie as we look on at this living Nativity Scene. Some kind of cold, blue lighting is glaring on Baby Jesus that causes him to keep his eyes closed. Surely they could have done better than this!

This was to be the culmination of the greatest act of love – God becoming Man to die for us! And yet this movie could not convey even a hint of this profound act of God.

And so it is, with all of these facts exposed for your examination, we refute and condemn this movie, “The Nativity.”

Check in today, fly tomorrow!

2006-11-21T11:34:00.000+08:00

It is easy to be deceived by Cebu Pacific’s budget fare from Singapore to Manila. The unsuspecting passenger will get a printed e-ticket showing the departure date of, for example, Nov. 11, at 0040. Normally, a passenger checks in at the date printed on the ticket and, in the case of Cebu Pacific’s flight 5J804 from Singapore to Manila, the time of departure is very tricky. My wife and I, like many other OFWs, fell into the tourist trap. The departure is actually past midnight, and considered by the airlines as the next day as far as booking is concerned.

We were told that we should have checked in on the 10^th of November in order to fly on the 11^th at 0040 (meaning, 12:40 am) and when we checked in around 10 pm on Nov. 11, we had missed our flight early that morning! To revalidate our ticket, we had to pay penalty charges of US$230 each for the supposedly budget fare. The Singapore Airlines male clerk offered the information that that it will only cost us an additional US$50 if we were to rebook the next day’s flight (meaning, we stay overnight in Singapore). Since we had been traveling for the past two weeks, and our connecting flight from Bangkok via Air Asia had already been delayed by two hours, we were anxious of going home that evening and not spending another 24 hours at the budget terminal of Singapore.

I asked the obviously irritated Singapore Airlines clerk (don’t they teach these guys courtesy?) how often passengers make this mistake. “All the time,” he answered indifferently, pointing to a line of OFWs who did not have the ready cash to pay the penalty charges. We felt immense pity for them as they languished in the airport. Is this how Cebu Pacific treats the heroes of the Philippines?

My wife and I are both senior citizens yet our complaints were met with indifference. My wife took out all the remaining cash we had and dashed to the ATM outside the terminal building for currency conversion. She was worried for my fragile health since my seven-arterial heart bypass in 2002. Ironically, since we had only forty pesos left after paying the penalty of $460, we couldn’t even buy a bottle of water inside the plane (which costs P50) for us to drink our medicines! The flight attendant was sympathetic, and offered a free bottle of juice instead. Sorry, no water.

It takes a seasoned traveler to realize the tricky time of departure, especially since this was an online transaction, with no advice from a customer relations staff and no word of caution or warning can be seen on the website as to the company policy on flights past midnight/dawn and the subsequent penalty charges. And why the usurious penalty charges of rebooking the flight on the same day (US$230) and the day after flight (US$50)? We find this deceitful, cruel and hurtful especially to the old and weak! We had a most unpleasant travel experience with Cebu Pacific and now we have to warn all our friends, neighbors and relatives of this tourist trap.

For us, it’s goodbye Cebu Pacific, hello PAL!

“Public funds unfit for private sidewalks”

2006-07-25T22:09:00.000+08:00

The local government is disbursing public funds of Parañaque City for repair and maintenance of existing sidewalks of BF Homes Parañaque Subdivision and installing lampposts with the “JB” initials.

Also undergoing construction at the Aguirre Park is a two-story building addition to the existing Barangay Hall. The police and fire stations and a covered basketball court are also housed at the same park, all constructed without the consent and over the objections of the Association.

The mayor explained that the road diggings on El Grande, Aguirre and Elizalde Avenues were part of the city government’s lighting project which included all major roads of private subdivisions and dimly-lit national roads within the city limits.

The project was started without the knowledge and consent and of United BF Homeowners’ Association, Inc. (UBFHAI). Parañaque Mayor Bernabe said that if Reyes (UBFHAI president) would be able to show any document, like a Deed of Donation, proving that the main roads of BF Homes had been turned over by its developer to UBFHAI, he would stop the project.

“If he has nothing to show, he has no business telling the city government what project it can or cannot do in BF Homes Parañaque,” the mayor said [Inquirer|05/02/06].

The question to ask, as Clint Eastwood would put it is: Are the sidewalks “owned by the local government unit?” If not, then the use of public funds for privately owned sidewalks is unlawful and violates Republic Act 7160, otherwise known as the Local Government Code of 1991.

Having paid for them when they bought their properties, homeowners claim co-ownership of the roads, sidewalks, parks and open spaces in BF Homes which are privately titled to the developer. Thus, no public money could be used on them.

Take the case of Aniano Albon vs. Mayor Bayani Fernando, et. al. In a 15-page decision penned by Associate Justice Renato Corona, the Supreme Court Second Division ruled that only the construction, improvement, repair and maintenance of infrastructure owned by the local government unit may be bankrolled with local government funds.

“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,” the high court said

This means that the mayor and other city officials can be held liable for misappropriation or misuse of public funds, which can lead to the filing of graft and corruption case against them.

“Life In Your Hands”

2006-07-18T08:57:00.000+08:00

One out of nine women in the United States will develop breast cancer in her lifetime. In fact, it is the second leading cause of cancer death for women (after lung cancer) and the leading overall cause of death in women between the ages of forty and fifty-five. For too long women have erroneously believed that there is little or nothing they can do to prevent this dread illness. Our major medical efforts are directed toward detecting and treating, rather than preventing, breast cancer. Professor Jane Plant, one of Britain's most eminent scientists, contracted breast cancer in 1987. She had five recurrences, and, by 1993, the cancer had spread to her lymph system. When orthodox medicine gave up and she was told that she only had three months to live, she determined to use her extensive scientific training and her knowledge of other cultures to find a way to survive. In her research, she was startled to find that in China breast cancer affects far fewer women than in Western countries. Plant considered that there could be a dietary trigger for the illness. As she continued her scientific investigations, she became convinced that there was a causal link between consumption of dairy products and breast cancer. Jane Plant finally defeated her breast cancer, in part because she used her training and knowledge as a natural scientist to understand it-- and then overcome it. Combining the diet her research had led to with traditional medical treatment, Professor Plant was not only able to triumph over her own disease but also to pass on what she had discovered to help more than sixty other women successfully fight their breast cancer. In this book, women will be presented for the first time with a compelling body of evidence strongly suggesting that consumption of dairy products may cause breast cancer. It will demonstrate the specific changes that women can make in their day-to-day lives to help prevent and treat breast cancer. With a clear statement of the scientific principles behind her discovery, Professor Plant includes detailed suggestions for ways to alter your diet by eliminating or reducing consumption of many suspected cancer-causing agents, especially dairy products, and replacing them with healthful alternatives. She offers as well detailed menus and recipes to help you make the transition and enjoy it. “Life In Your Hands” is a revolutionary book that will change the lives of millions of women.

“Why I believe that giving up milk is the key to beating cancer...”

[Extracted from Your Life in Your Hands by Professor Jane Plant]

I had no alternative but to die or to try to find a cure for myself. I am a scientist - surely there was a rational explanation for this cruel illness that affects one in 12 women in the UK?

I had suffered the loss of one breast, and undergone radiotherapy. I was now receiving painful chemotherapy, and had been seen by some of the country’s most eminent specialists. But, deep down, I felt certain I was facing death. I had a loving husband, a beautiful home and two young children to care for. I desperately wanted to live.

Fortunately, this desire drove me to unearth the facts, some of which were known only to a handful of scientists at the time.

Anyone who has come into contact with breast cancer will know that certain risk factors – such as increasing age, early onset of womanhood, late onset of menopause and a family history of breast cancer – are completely out of our control. But there are many risk factors, which we can control easily.

These “controllable” risk factors readily translate into simple changes that we can all make in our day-to-day lives to help prevent or treat breast cancer. My message is that even advanced breast cancer can be overcome because I have done it.

The first clue to understanding what was promoting my breast cancer came when my husband Peter, who was also a scientist, arrived back from working in China while I was being plugged in for a chemotherapy session. He had brought with him cards and letters, as well as some amazing herbal suppositories, sent by my friends and science colleagues in China. The suppositories were sent to me as a cure for breast cancer. Despite the awfulness of the situation, we both had a good belly laugh, and I remember saying that this was the treatment for breast cancer in China, then it was little wonder that Chinese women avoided getting the disease. Those words echoed in my mind. Why didn’t Chinese women in China get breast cancer? I had collaborated once with Chinese colleagues on a study of links between soil chemistry and disease, and I remembered some of the statistics.

The disease was virtually non-existent throughout the whole country. Only one in 10,000 women in China will die from it, compared to that terrible figure of one in 12 in Britain and the even grimmer average of one in 10 across most Western countries. It is not just a matter of China being a more rural country, with less urban pollution.

In highly urbanized Hong Kong, the rate rises to 34 women in every 10,000 but still puts the West to shame. The Japanese cities of Hiroshima and Nagasaki have similar rates. And remember, both cities were attacked with nuclear weapons, so in addition to the usual pollution-related cancers, one would also expect to find some radiation-related cases, too.

The conclusion we can draw from these statistics strikes you with some force. If a Western woman were to move to industrialized, irradiated Hiroshima, she would slash her risk of contracting breast cancer by half. Obviously this is absurd. It seemed obvious to me that some lifestyle factor not related to pollution, urbanization or the environment is seriously increasing the Western woman’s chance of contracting breast cancer.

I then discovered that whatever causes the huge differences in breast cancer rates between oriental and Western countries isn’t genetic. Scientific research showed that when Chinese or Japanese people move to the West, within one or two generations their rates of breast cancer approach those of their host community. The same thing happens when oriental people adopt a completely Western lifestyle in Hong Kong. In fact, the slang name for breast cancer in China translates as ‘Rich Woman’s Disease’. This is because, in China, only the better off can afford to eat what is termed ‘Hong Kong food’.

The Chinese describe all Western food, including everything from ice cream and chocolate bars to spaghetti and feta cheese, as “Hong Kong food”, because of its availability in the former British colony and its scarcity, in the past, in mainland China.

So it made perfect sense to me that whatever was causing my breast cancer and the shockingly high incidence in this country generally, has almost certainly something to do with our better-off, middle-class, Western lifestyle. There is an important point for men here, too.

I have observed in my research that much of the data about prostate cancer leads to similar conclusions. According to figures from the World Health Organization, the number of men contracting prostate cancer in rural China is negligible, only 0.5 men in every 100,000. In England, Scotland and Wales, however, this figure is 70 times higher. Like breast cancer, it is a middle-class disease that primarily attacks the wealthier and higher socio-economic groups – those that can afford to eat rich foods. I remember saying to my husband, “Come on Peter, you have just come back from China. What is it about the Chinese way of life that is so different?”

Why don’t they get breast cancer?’

We decided to utilize our joint scientific backgrounds and approach it logically. We examined scientific data that pointed us in the general direction of fats in diets. Researchers had discovered in the 1980s that only l4% of calories in the average Chinese diet were from fat, compared to almost 36% in the West. But the diet I had been living on for years before I contracted breast cancer was very low in fat and high in fiber. Besides, I knew as a scientist that fat intake in adults has not been shown to increase risk for breast cancer in most investigations that have followed large groups of women for up to a dozen years.

Then one day something rather special happened. Peter and I have worked together so closely over the years that I am not sure which one of us first said: “The Chinese don’t eat dairy

produce!” It is hard to explain to a non-scientist the sudden mental and emotional ‘buzz’ you get when you know you have had an important insight. It’s as if you have had a lot of pieces of a jigsaw in your mind, and suddenly, in a few seconds, they all fall into place and the whole picture is clear. Suddenly I recalled how many Chinese people were physically unable to tolerate milk, how the Chinese people I had worked with had always said that milk was only for babies, and how one of my close friends, who is of Chinese origin, always politely turned down the cheese course at dinner parties. I knew of no Chinese people who lived a traditional Chinese life who ever used cow or other dairy food to feed their babies. The tradition was to use a wet nurse but never, ever, dairy products.

Culturally, the Chinese find our Western preoccupation with milk and milk products very strange. I remember entertaining a large delegation of Chinese scientists shortly after the ending of the Cultural Revolution in the 1980s. On advice from the Foreign Office, we had asked the caterer to provide a pudding that contained a lot of ice cream. After inquiring what the pudding consisted of, all of the Chinese, including their interpreter, politely but firmly refused to eat it, and they could not be persuaded to change their minds. At the time we were all delighted and ate extra portions!

Milk, I discovered, is one of the most common causes of food allergies. Over 70% of the world’s population is unable to digest the milk sugar, lactose, which has led nutritionists to believe that this is the normal condition for adults, not some sort of deficiency. Perhaps nature is trying to tell us that we are eating the wrong food. Before I had breast cancer for the first time, I had eaten a lot of dairy produce, such as skimmed milk, low-fat cheese and yogurt. I had used it as my main source of protein. I also ate cheap but lean minced beef, which I now realized was probably often ground-up dairy cow. In order to cope with the chemotherapy I received for my fifth case of cancer, I had been eating organic yogurts as a way of helping my digestive tract to recover and repopulate my gut with ‘good’ bacteria.

Recently, I discovered that way back in 1989 yogurt had been implicated in ovarian cancer. Dr Daniel Cramer of Harvard University studied hundreds of women with ovarian cancer, and had them record in detail what they normally ate. I wished I’d been made aware of his findings when he had first discovered them.

Following Peter’s and my insight into the Chinese diet, I decided to give up not just yoghurt but all dairy produce immediately. Cheese, butter, milk and yoghurt and anything else that contained dairy produce – it went down the sink or in the rubbish. It is surprising how many products, including commercial soups, biscuits and cakes, contain some form of dairy produce. Even many proprietary brands of margarine marketed as soya, sunflower or olive oil spreads can contain dairy produce. I, therefore, became an avid reader of the small print on food labels.

Up to this point, I had been steadfastly measuring the progress of my fifth cancerous lump with calipers and plotting the results. Despite all the encouraging comments and positive feedback from my doctors and nurses, my own precise observations told me the bitter truth.

My first chemotherapy sessions had produced no effect – the lump was still the same size. Then I eliminated dairy products. Within days, the lump started to shrink. About two weeks after my second chemotherapy session and one week after giving up dairy produce, the lump in my neck started to itch. Then it began to soften and to reduce in size. The line on the graph, which had shown no change, was now pointing downwards as the tumor got smaller and smaller. And, very significantly, I noted that instead of declining exponentially (a graceful curve) as cancer is meant to do, the tumor’s decrease in size was plotted on a straight line heading off the bottom of the graph, indicating a cure, not suppression (or remission) of the tumor.

One Saturday afternoon after about six weeks of excluding all dairy produce from my diet, I practiced an hour of meditation then felt for what was left of the lump. I couldn’t find it. Yet I was very experienced at detecting cancerous lumps – I had discovered all five cancers on my own.

I went downstairs and asked my husband to feel my neck. He could not find any trace of the lump either.

On the following Thursday I was due to be seen by my cancer specialist at Charing Cross Hospital in London. He examined me thoroughly, especially my neck where the tumor had been.

He was initially bemused and then delighted as he said, “I cannot find it.” None of my doctors, it appeared, had expected someone with my type and stage of cancer (which had clearly spread to the lymph system) to survive, let alone be so hale and hearty. My specialist was as overjoyed as I was. When I first discussed my ideas with him he was understandably skeptical. But I understand that he now uses maps showing cancer mortality in China in his lectures, and recommends a non-dairy diet to his cancer patients.

I now believe that the link between dairy produce and breast cancer is similar to the link between smoking and lung cancer. I believe that identifying the link between breast cancer and dairy produce, and then developing a diet specifically targeted at maintaining the health of my breast and hormone system, cured me.

It was difficult for me, as it may be for you, to accept that a substance as ‘natural’ as milk might have such ominous health implications. But I am a living proof that it works and, starting from tomorrow, I shall reveal the secrets of my revolutionary action plan.

Stroke Identification

2006-07-03T10:51:00.000+08:00

This is an email from an unknown author I would like to share:

During a BBQ, a friend stumbled and took a little fall - she assured everyone that she was fine (they offered to call paramedics) and just tripped over a brick because of her new shoes. They got her cleaned up and got her a new plate of food - while she appeared a bit shaken up, Ingrid went about enjoying herself the rest of the evening. Ingrid’s husband called later telling everyone that his wife had been taken to the hospital (at 6:00pm, Ingrid passed away). She had suffered a stroke at the BBQ.

Had they known how to identify the signs of a stroke, perhaps Ingrid would be with us today. Some don’t die. They end up in a helpless, hopeless condition instead.

A neurologist says that if he can get to a stroke victim within 3 hours he can totally reverse the effects of a stroke...totally. He said the trick was getting a stroke recognized, diagnosed, and then getting the patient medically cared for within 3 hours, which is tough.

Recognizing a stroke

Sometimes symptoms of a stroke are difficult to identify. Unfortunately, the lack of awareness spells disaster. The stroke victim may suffer severe brain damage when people nearby fail to recognize the symptoms of a stroke. Now doctors say a bystander can recognize a stroke by asking three simple questions:

S * Ask the individual to SMILE.

T * Ask the person to TALK to SPEAK A SIMPLE SENTENCE

(Coherently) (i.e. . .It is sunny out today)

R * Ask him or her to RAISE BOTH ARMS.

Another ‘sign’ of a stroke is this: Ask the person to ‘stick’ out his/her tongue. If the tongue is ‘crooked’, if it goes to one side or the other that is also an indication of a stroke. If he or she has trouble with ANY ONE of these tasks, call 911 immediately!! and describe the symptoms to the dispatcher.

If everyone can remember something this simple (“3” steps STR), we could save some folks.

Don’t use village roads; CA confirms injunctive relief

2006-06-27T10:00:00.000+08:00

In resolving the Motion for Reconsideration filed by the City of Parañaque and “surprisingly” Romulo Bersamina, et al, the Special Tenth Division of the Court of Appeals in a Resolution on June 22, 2006, ruled that:

“We have perused with care the records of the present appeal and simply found nothing therein that would persuade Us to deviate from the conclusion earlier arrived at by the Eighth Division of this Court in the Resolution sought to be set aside or reconsidered.”

It will be recalled that when Parañaque Mayor Jun Bernabe opened the access roads of the subdivision, homeowners challenged the validity of Ordinance 00-15(672), asserting that 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. As such, the local government cannot simply take over private property without due process.

The Parañaque City government was prevented from opening the gates of BF Homes Parañaque village gates after the umbrella village association obtained a writ of preliminary injunction from the Court of Appeals (CA).

The CA 8th Division ruled in favor of the United BF Homeowners’ Associations Inc. (UBFHAI), preventing Mayor Jun Bernabe from enforcing City Ordinance No. 00-15 (672), authorizing the Mayor to open to the general public privately owned subdivision roads of BF Homes, Multinational Village, Better Living and other residential subdivisions abutting barangay, city or national roads.

Due to the CA order, Bernabe, the local police from the Philippine National Police and other persons invoking authority cannot enforce the ordinance.

In issuing the injunctive relief, the CA recognizes “the authority of the UBFHAI as an entity that has continuously administered, regulated and maintained the use of the private roads inside BF Homes Parañaque Subdivision to the extent of employing security guards to man major gates, issuing passes and tickets for entry into the subdivision and charging fees set by the association,” among others.

The CA further ruled that “as owners or administrators of private roads, homeowners are entitled to continue to enjoy exclusive access therein for their own protection and security and to regulate its use by non-residents within the limit prescribed by law and administrative rules.”

The UBFHAI petition was recognized by the CA after they showed that the opening of the gates resulted in an unmitigated flow of vehicular traffic and pedestrians and proliferation of crimes that left the residents more vulnerable.

The mayor has hitched his political future to a very contentious issue (commercialization of BF Homes Subdivision) instead of keeping his electoral promise (“click” on highlighted texts) to resolve the chronic water supply shortage in the subdivision. Undoubtedly, there will be political repercussion.