War veterans and active military personnel living in a portion of the Diplomatic and Consular Area in Bonifacio South, Taguig City have denounccd Bases Conversion and Development Authority (BCDA) president Arnel Casanova after he ordered their eviction even when the land in question was not part of the BCDA’s jurisdiction.
In a separate letter, lawyer Howard Calleja, counsel for the residents of the Consular Area, warned Casanova that they would take appropriate legal actions against him if he proceeded with the demolition.
In a July 25 letter to Casanova, the Consular Area Residents Association Inc. led by retired Col. Benjamin Zabat warned the BCDA chief of legal consequences should he proceed with the demolition and stressed that the land on which the doomed structures stand was not a portion of the Joint U.S. Military Assistance Group property, but of the Diplomatic and Consular Area.
A notice furnished by BCDA dated July 20 entitled “Sapilitang Pagbabaklas ng Istruktura at Huling Abiso ng Paglikas” had threatened the immediate demolition of the structures in the area.
Aside from being outside the coverage area of the BCDA, Zabat said, the order for the demolition was also defective since Casanova had no authority to issue one.
Zabat questioned Casanova’s authority to exercise the powers and duties of a BCDA president which, according to him, should be concurrently exercised by the BCDA chairman as mandated by Republic Act 7227 or the law creating the BCDA.
The retired military official noted that Section 9 of RA 7227, which provides for the composition of the Board of BCDA, provides that the full-time chairman shall also be its president.
In opposing the planned demolition, the retired colonel also pointed out that the threat of forced demolition of the structures belonging to the soldiers, retired veterans and their families residing at the Diplomatic and Consular Area was contrary to the purposes sought to be served by BCDA and RA 7279, otherwise known as the “Urban Development and Housing Act of 1992.”
Zabat expressed willingness to discuss the issue with someone who has legal authority to exercise the duties and powers of a BCDA president.
“This letter . . . serves as warning from taking further action in relation to your proposed demolition. The area you are intending to demolish is outside the property of the BCDA and you are under no legal authority to act for and on behalf of BCDA,” Calleja said, in his July 25, 2012 letter.
“Any further step on your part shall be met by our clients with the legal options available to protect their interests,” the lawyer warned.