18 March 2023, from Gems:

Dear Fellow Phase 678 Lot Owners:

PN Groundbreaking Incident

The Philippine Navy did another thing to aggravate injustice and inflame outrage.

Last 21 February 2023, new Flag Officer-In-Command VAdm Toribio Adaci, Jr. led a groundbreaking ceremony for the construction of a residential housing project for its senior officers that will encroach on an area that is not theirs – with no less than the OIC of the Department of National Defense Senior Undersecretary Carlito Galvez and the Chairman of the Bases Conversion and Development Authority, former DND Secretary Delfin Lorenzana, gracing the event.

The project site covers over three hectares composed of Blocks 99, 100, 101, 102 and 116 of the AFP Officer Village Association, Inc. (AFPOVAI), all part of private land whose metes and bounds have long been defined by Presidential Proclamation No. 461 in 1965 and included in the DENR-approved subdivision plan for AFPOVAI.

Following tedious processing from IGPS application to issuance of orders of award and deeds of sale to individual land titles over the last thirty (30) years, the lots in those blocks have been awarded to sixty-seven (67) Phase 678 AFPOVAI members, many of whom already have their TCTs.

As though their illegal development of the Phase 678 area into a golf course in 1976 were not enough, this time the Navy decided to appropriate the open space beside the Bonifacio Naval Station where some Ph 678 lots are located, earmarked the place for their housing complex as part of their master development plan, committed an unwitting BCDA to the project, and then marked the event by laying the cornerstone, complete with the newspaper of the day. One lot owner, expressing his shock and disgust, remarked, “Aba, sobra na. Too much na yan!”

The building is projected to be completed by 2025 or two years from now. Reportedly, the project underwent authorizations through the AFP command channels.

Strangely enough, the launching of the project came only six (6) days after the 15 Feb 2023 writ of execution was issued by RTC Branch 266 of Taguig to at long last implement the Supreme Court decision against the Philippine Navy in favor of the four petitioners who fought to repossess their properties.

Flashback 2019: Relinquish Control

Only four years ago, then DND Secretary Delfin Lorenzana issued Department Order No. 42, directing the Flag-Officer-in Command, Philippine Navy, to relinquish control and turn over the area comprising the Philippine Navy Golf Course to qualified and legitimate lot owners of the AFP Officers Village through the AFPOVAI.

Then on 13 February 2019 he issued an addendum, Department Order No. 49, directing FOIC, PN to implement Department Order No. 42 in accordance with the decision to be rendered by the Supreme Court once it became final and executory. He added that such decision should likewise benefit all similarly situated, qualified and legitimate lot owners of AFPOVAI.

On 13 July 2020, the Supreme Court ruled favorably on the cases filed by Phase 678 members Merardo Abaya, Ruben Follosco, Angelito Maglonzo and Elias Sta Clara and denied the Philippine Navy’s petition.

Supreme Court’s Findings Summed up, the SC’s findings were as follows:

1. The area where the Philippine Navy Golf Course stands remains to be a part of the alienable and disposable land of the AFP Officers’ Village.
2. Any irregularity on the DENR’s orders of award should have been questioned before the proper forum.
3. Philippine Navy cannot validly invoke the doctrine of state immunity from suit.
4. Philippine Navy and Golf Club are liable to turn over the lots and pay rental fees.

PN’s Motion for Reconsideration Denied*

Despite the Navy’s word of DO 49 compliance to SND Lorenzana during Ph 678 BOD’s call on him in 2020, the Philippine Navy still filed a Motion for Reconsideration in the same year. The highest court, however, denied it with finality on 15 June 2022. On the day the entry of judgment was made, the Supreme Court stressed that “no further pleadings, motions, letters or other communications shall be entertained herein.”

However, it would take eight months for such a decision to move back to the originating Regional Trial Court for execution. Concerned about the slow implementation of judgment, Mrs Sta Clara and the heirs of Maglonzo sought help from AFPOVAI, who promptly responded with legal assistance.

Thus on 15 February 2023, upon AFPOVAI Atty Pooten’s filed motion, RTC Branch 266 of Taguig City issued a writ of execution based on the SC decision in G.R. 235619 and commanded their designated sheriff to cause the execution of the decisions.

Scheduled to be served within two weeks, the execution of the Supreme Court decision, however, got delayed.

Dreadfully Mistaken

Fellow Lot Owners: You and I would normally think that in view of all these positive developments, all we needed to do was wait for how the Navy would honorably accept the writ and comply with its conditions. But we were dreadfully mistaken. For while we were in celebration, this is what actually happened last year.

No sooner had Sec Lorenzana’s successor, former OIC, DND Jose Faustino, Jr. fully warmed his seat in less than three (3) months in position than he substantially repealed DO 49 through a memorandum issued on September 27 last year, thereby shutting the doors to all similarly situated and qualified lot owners. Yes. It happened. Like you wouldn’t believe.

Inexplicably, the department issuance was only addressed to the Chief of Staff, AFP. AFPOVAI, the direct party in interest, was not provided any information. Your Ph 678 BOD found it out only in October, when AFPOVAI Chair Gene Senga and the Ph 678 Board were following up our requests for a courtesy call on OIC Faustino, who eventually obliged by sending Col Obligado, his chief of staff, to meet with us in November at DND as he was out of the country. Hopeful that we could still have the situation corrected and keep DND in good faith, your BOD opted not to inflate the issue.

To clarify the matter, we requested instead for a face-to-face meeting with OIC Faustino as our priority engagement in January of this year 2023. Unexpectedly, he was replaced by OIC General Carlito Galvez in the very same month.

I still remember the wisdom behind his appointment. According to Malacanang, what was important then was the infusion of leadership into DND so that the transition would be seamless and stable.

Needless to say, with OIC Galvez’ designation, our hopes soared in February. A wise and level-headed commander, a professional government servant, and a kind hearted soul, we knew that a call on him was the easiest thing to schedule. He used to be a classmate of mine, and I have but the highest admiration for him.

But external security developments and other priority defense concerns seemed to wrest his attention. We got information that our call had to be arranged in March.

We thought things were alright. After all, by then we were preparing for the serving of the writ of execution inside the PN Golf Course. We worked to get the winning petitioners to coordinate their efforts and even planned to have the historic day covered by the media.

Then out of the blue, the 21 February groundbreaking incident happened outside of the PNGC, but still within our very grounds.

AFPOVAI’s Quick Responses

Alarmed at this sudden development, the AFPOVAI leadership decided to immediately take appropriate response actions, from communicating formally to the FOIC, PN, the OIC, DND and BCDA Chairman, to backchanneling to save the situation, and to even considering legal actions. But we felt that all the directly affected lot owners had to be informed first, which we did to some – with instructions to tell the rest of similarly situated lot owners, awardees and applicants.

In the course of the past two weeks, we were able to react fast and complete key countermoves such as texting and sending letters to OIC, DND Charlie Galvez BCDA Chair Delfin Lorenzana, and FOIC, PN Vadm Adaci, Jr; notifying and holding an emergency meeting with several directly-affected lot owners, doing five more emergency meetings at the AFPOVAI level, deciding on a number of courses of action and priorities, communicating informally with other key officers and one DENR official for proper advice, and even securing the willingness of the current FOIC, PN to meet with us in the soonest time agreeable.

Agreed Actions

During the first emergency meeting with the directly-affected lot owners (DALO) on 28 Feb, I emphasized that along with AFPOVAI’s initial initiatives, we all needed to take immediate actions to ensure that the Navy’s residential housing project will not result in the loss of Block 116 and their lots at Blocks 99, 100, 101, and 102, and that because no less than the PN, AFP, DND and BCDA have already signed on to the project, a key stopping move will have to be in the form of TROs.

Thus, the discussions mainly centered around the filing of the TROs, followed by the motions for injunction with prayers for damages, the PN’s grave abuse of authority, continuing actions, and the practical options we can all consider to pursue collectively and/or individually.

Invariably, our discussions also touched on the long history of Phase 678’s fight, the Navy’s heedless attitude all these years, and our need to truly unite as one body. But throughout the over 3-hour meeting, the mood was controlled and the exchanges were disciplined as Pres Art Abadilla, Pres Vic Guerzon and I stressed the imperative of sobriety and solidarity in confronting this new challenge.

In the end, the directly affected lot owners settled on several actions to take, including signing SPAs for collective representation and filing motions for injunctions, complete with supporting documents such as IDs, TCTs and/or orders of awards, and tax declarations; preparing bonds in support of the TROs; meeting with the FOIC, PN; disseminating the incident to all similarly-situated members of Blocks 99, 100, 101, 102; establishing a secure communication center for the affected members; seeking the help of the media to expose the Navy’s brazen acts in violation of the law; and maintaining confidentiality in specific actions.

Ph 678 BOD Meeting Outcomes

With the month of February gone quickly, we held our Phase 678 BOD meeting two weeks ago on a Sunday if only to review all the recent developments, but focused this time on stopping the encroachment on our land.

We were satisfied to hear about the latest updates on the processing of our lot applications, with the last TCT issued and released to someone who happens to have his lot inside the PN housing project site.

We were glad to hear about DENR’s prudent and careful approach to handling our documents through the NCR Office even though it is taking more time than we expected.

We were pleased to know that AFPOVAI Pres Art Abadilla has designated Mark Mangaoang to exclusively handle Phase 678 applications, do all the punishing legwork and coordination with key offices and agencies, and do nothing else.

And we felt reassured that the AFPOVAI Board has even authorized the AFPOVAI Legal Counsel and retained lawyer Atty Pooten, to provide legal assistance to us.

Disturbing Realities

Now back to our common challenge. In my personal meeting with Sir Del Lorenzana last 03 March, he not only admitted the inadequacy of information about the metes and bounds of the AFPOVAI Phase 678 property, but also assured us that BCDA funds would not flow for now in support of the PN housing project unless and until the boundary dispute between AFPOVAI and PN is resolved. I thanked him upon hearing that.

But the 21 February groundbreaking incident reveals several disturbing realities:
1) The Philippine Navy, despite the issuance of TCT 13633 and TCT 13634 in the name of AFPOVAI many years back, continues to this day to claim their perimeter-fenced area behind the creek line (as oriented from our side) as theirs;

2) Based on such claim without any legal and documentary evidence, they have made a master development plan which got elevated through AFP chain of command and was subsequently approved at DND;

3) As AFPOVAI possessed no information about it in the last 3 years, the development design for the Navy’s residential complex for its officers in active service gained support and secured funding from the BCDA;

4) The fact that a groundbreaking event already happened, highlighted by the laying of a cornerstone complete with building plans and newspaper of the day, the timeline for the completion of the project has been set off – with penalties to the contractor for every day of delay; and

5) Given that the project will benefit those officers in active service, including the FOIC, PN himself who will have his quarters right inside the entire Block 116 with his security personnel as shown in their Site Development Plan, the social narrative has been deliberately shifted away from the Phase 678 lot owners, the long-suffering victims of injustice and property deprivation by the Philippine Navy, to the Navy officers, who recently lost their residential area to the Senate Building.

Injustice Anywhere…

You can probably add more. But as Chair of Phase 678, I feel it my duty to simply inform you about all these recent developments. For at the most crucial time of the serving of the SC’s final and executory decision in favor of the four original winning petitioners, the Navy’s leaders have suddenly fired a broadside at us from the blind side with galling impunity.

The groundbreaking ceremony marks yet another illegal occupation masked and glossed over as the Navy’s morale and welfare project for its officers and men. Lamentably, as each spadework is made to improve their command narrative, our own property titles are getting deliberately buried deeper under their long term designs.

After that, who can stop them from moving to have the entire golf course area re-proclaimed for other purposes, thereby killing the hopes and dreams of all Ph 678 members? *

Above the Law?*

The project therefore has to be stopped. The Navy must not be allowed to proceed as if its leaders are above the law.

We can no longer afford to be silent about this. This abuse of power, this insatiable greed and avarice, and this seeming culture of impunity must be resisted, condemned and cast in harshest light.

Alexander Solzhenitsyn put it best before in Gulag Archipelago: “In keeping silent about evil, in burying it so deep within us that no sign of it appears on the surface, we are implanting it, and it will rise up a thousand fold in the future… We are thereby ripping the foundations of justice from beneath new generations.”

More to the point. From Martin Luther King, Jr: “Injustice anywhere is a threat to justice everywhere.”

So please be notified. The Philippine Navy just grabbed blocks of our Phase 678 area anew with seeming impunity, in blatant disregard for our rights, right in the center of our government – and is making new moves to dispossess us all of our very own lots.

We can’t sit back and watch while they keep digging our graves.

(Note: I first wrote this two weeks ago and updated it for posting, hopeful of affirmative corrective actions from the agencies involved. A series of developments in the past few days have ensued since then, unfortunately indicating the Navy’s bad faith.)