27 May 2023, from Gems:

Dear fellow Lot Owners:  

The noise about the writ has abated somewhat. But the questions remain, and I feel that some clarity must be provided from the side of the AFPOVAI regarding the real status of the implementation of the SC decision. 

You may recall that the final final decision of the Supreme Court was handed down on 15 June 2022. Our expectation was that following the highest court’s verdict on the MR filed by the Philippine Navy, the implementation would soon follow. But the writ never came down last year.

Frustrated and growing desperate, Mrs Sta Clara and the Maglonzo heirs sought help from the AFPOVAI mother board. In response, Pres Art Abadilla turned to AFPOVAI’s new legal counsel Atty Pooten who promptly heeded the call.  After getting their written consent as substituted lawyer, Atty Pooten filed a motion for the issuance of the writ of execution before RTC 266 of Taguig. In good faith and consistent with the requirements for the issuance of the writ, all the names of the winning plaintiffs were included in one document. 

Thus on 15 Feb of this year the long-awaited writ was released and orders were issued to the designated sheriff by the Judge of RTC 266 of Taguig. 

Then things progressively unraveled, which made me write several months back, if you recall, my posted “Houston, We Have a Problem.” AFPOVAI’s representation on behalf of the four was questioned before RTC 266 on the ground that Atty Pooten was not the counsel on record for the case. Coupled with that, the side of Gen Abaya began to exert efforts to win back Mrs Sta Clara and the reps of Maglonzo who had by then become disaffected and simply wanted some movement on the implementation.  This resulted in a kind of a Mexican stand-off, as I described before. 

In that same month, from our blind side the Philippine Navy launched its housing project outside the golf course, but within the property of Ph 678. Thank God, through our concerted efforts which included protest letters and representations with the BCDA Chair, we were able to repulse that. The Navy has decided to relocate the site for the Senior Officers Quarters.  

Now here’s the latest.  In the past two months the divided four have begun to reunite to form only one team in pursuit of the execution of the decision. That may be a positive development.  Finally, they can start working together. 

The downside, on the other hand, is that following the inevitable resignation of Atty Pooten, whose name and law office was entered and recognized in the writ of execution, the same writ could no longer be served. Another writ has to be issued with all the four wholly and solidarily represented. In fact, RTC 266 has been constrained to recall this month its issued writ and cast it aside. 

So the sobering truth is that we have no implementing instrument right now. 

Here’s more.  Recently, the Navy did another unthinkable and unusual tack:  despite SC’s specific directive that no further pleadings, motions or letters of communication shall be entertained relative to the settled case, it sent a second motion, yes, a second motion, for reconsideration to the Supreme Court on the ground that the final decision made on the case of Abaya et al vs. the PN and PN Golf Club was not reached through an en banc meeting, but only through the First Division. This is on top of their unending relentless counter initiatives at the DENR and DND levels.

Given this turn of events, we are left with no choice but to wait for the decision of the Supreme Court on the Navy’s latest filed second motion for reconsideration. While this move is likely going to be denied by SC being a violation of the legal process, we have to wait nonetheless. The situation is out of our hands. The new decision from which a new writ must be made is beyond our control. 

We can only monitor and track the fate of the second MR to the best we can. 

In the meantime, we have been pressing our gained advantage through various other lines of efforts.  

AFPOVAI has sent a letter to the OIC of DND to follow up their response to our 2-year long inquiry on the real “MWR” status of PNGC despite the fact that the 2022 SC decision has already ruled it to be AFPOVAI’s alienable private property. 

We have requested DENR for the conduct of a survey by their geodetic engineer to validate and confirm the metes and bounds of our Ph 678 property.

We are preparing more documents for the consumption of the right agencies and higher offices to help us finally reclaim our land. And the processing and releasing of our applications and titles continue unhampered, albeit at a slower, more regular pace.

God bless and Happy Sunday to all.