Monday, July 27, 2009

Fighting for Water in BF Homes

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


Tuesday, July 21, 2009

Memories of New York

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

Sunday, July 19, 2009

On Vacation

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

Thursday, July 03, 2008

Historic moment: First Traditional Latin Mass after 40 years


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

Saturday, June 07, 2008

Back to the future: Traditional Latin Mass

You are invited....

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

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

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

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

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

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

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

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

5. Please remember to kneel, sit and stand during the proper times at Holy Mass:

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

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

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

6. Music is sung like a whisper. The choir is taught to sing to God and not to the people. The choir is well trained and any singing along should be done very quietly so as not to interrupt the trained singers.

7. Follow along with the mass in the Missal (English on one side and Latin on the other). If you do not have one and the church has not provided the missalette at the pews, you may avail of the locally printed missalette (at church entrance). Your donation to defray printing cost is welcome.

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

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

10. When going to communion stay in line and go to the next space at the altar rail and kneel down and wait for the priest to come to you. If there is a communion cloth over the altar rail, but your hands under it.

11. The communicant does not say “Amen” in response to the priest’s “Corpus Dominie nostri…” [May the Body of our Lord Jesus Christ preserve your soul unto everlasting life.”] You will receive communion on the tongue, bow your head a moment and get up and go back to your pew. Remain kneeling until the priest starts the final prayers of the Mass.

12. After Mass leave the church without talking because a great many people will remain inside praying and you do not want to interrupt God. After some distance from the front door, it is time to socialize and share your faith with others. [In the future we hope to invite the faithful to the social hall (basement) for coffee and donuts because Catholics should get to know each other but not in church. In the past everything was done at the church and boys and girls met there, husbands and wives met for the first time at church. Friends were made there. Faith was shared and taught at the church. Socialization builds a parish but prayer builds faith.]

Monday, May 26, 2008

Waterless BF Homes: Relief at unconsionable rate?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sunday, May 18, 2008

Waterless BF Homes: Is relief in sight?

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

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

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

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

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

Cost per 500 gals (1.89 cu.m.)

BFW

Delivery

Tahanan

Volume (cu.m.)

1.89

1.89

1.89

Cost per cubic meter

55.00

84.66

25

Total cost (per 500 gals.)

103.95

160.00

47.25





Rate proposed by PWCC



Monthly consumption (cu.m.)

28.35

28.35

28.35

Cost per cubic meter

55.00

84.66

25.00

Total monthly cost

1,559.25

2,400.00

708.75

Price difference

220%

339%

Base

Reduced Rate proposed by PWCC



Monthly consumption (cu.m.)

28.35

28.35

28.35

Cost per cubic meter

51.00

84.66

25.00

Total monthly cost

1,445.85

2,400.00

708.75

Price difference

204%

339%

Base

Rate proposed by the mayor



Monthly consumption (cu.m.)

28.35

28.35

28.35

Cost per cubic meter

49.00

84.66

25.00

Total monthly cost

1,389.15

2,400.00

708.75

Price difference

196%

339%

Base

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

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

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

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

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

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

Tuesday, March 18, 2008

Back to the future

“Introibo ad altare Dei.”

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

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

What to expect

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

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

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

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

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

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

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

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

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

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

What the people need to know

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tuesday, March 11, 2008

Multinational Village “takeover”

By Atty. Renato “Tito” Fernandez

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

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

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

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

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

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

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

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

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

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

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

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