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Retired, active soldiers ask Noy, VP Binay to restrain BCDA from demolishing their homes

Retired and active military personnel are pleading for help from Malacanang to stop Bases Conversion Development Authority (BCDA)’s planned demolition of their residences in a portion of Diplomatic and Consular Area, South Bonifacio in Taguig City.
In a letter sent to the President Aquino as the Commander in Chief of the Armed Forces of the Philippines (AFP), retired Col. Benjamin Zabat, who is the president of the Consular Area Residents Association Inc., brought to the Chief Executive’s attention objections to the forced demolition of the structures in their 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.
The group through its lawyer Howard Calleja stressed that “presently, these soldiers are being harassed, intimidated and threatened by BCDA representatives, saying  their families will be forcefully evicted from their properties.”
“These soldiers, retired veterans and their families put their lives at risk in the service of their fellow Filipinos. The goal of achieving a sound and balanced conversion will be frustrated if the same will be at the expense of these soldiers’ abodes and their families’ safety. Clearly, this is not the way to treat the soldiers and retired veterans who have chosen to serve and defend our country,” the lawyer stressed.
“The soldiers are willing to negotiate and talk with the proper authorities to settle this matter in a more humane manner so that legal options can be discussed to protect their interests,” the group said.
In opposing the demolition order issued by the BCDA president Arnel Casanova, the group pointed out that “contrary to the position of BCDA, the land where the structures to be demolished stand is not a portion of the Jusmag property but of the Diplomatic and Consular Area which, according to Proclamation No. 423, which established the Fort Andres Bonifacio Military Reservation, is not part of the properties of BCDA.”
In a separate letter to Vice President and Housing and Development Coordinating Council chief Jejomar Binay, the group questioned the  acts undertaken by  BCDA president Arnel Casanova.
“The sustainability of Mr. Casanova’s appointment is under serious question. Section 9 of Republic Act (RA) 7227, which provides for the composition of the Board of Directors of BCDA, provides that the full-time chairman shall also be its president. The duly appointed chairman of BCDA is Mr. Felicito Payumo.”
“Hence, pursuant to Section 9 of RA 7227, Mr. Payumo shall also act as president. It is highly anomalous and irregular that Mr. Casanova should purport to act as president when the law has clearly and expressly given the position to Mr. Payumo. In line therewith, since Mr. Casanova has no vested right in the office that he holds, his acts, issuances and orders as president should also not hold water,” the group added.
It stressed the threat of an improvident and precipitate demolition of the structures belonging to the soldiers, retired veterans and their families residing at the Diplomatic and Consular Area is “contrary to the purposes sought to be served by BCDA and Republic Act 7279, otherwise known as the “Urban Development and Housing Act of 1992.”
They also noted the BCDA was created to accelerate the sound and balanced conversion into alternative productive uses of the Clark and Subic military reservations and their extensions, while RA 7279 was created “to ensure the equitable utilization of residential lands in urban and urbanizable areas with particular attention to the needs and requirements of the underprivileged and homeless citizens and not merely on the basis of market forces.”
Earlier, the retired and active military personnel residing at a portion of the Diplomatic and Consular Area in Bonifacio South had denounced the BCDA president for his order to evict them from their homes and demolish their structures when the land subject of demolition is not part of the BCDA’s jurisdiction.
In a July 25 letter to Casanova, the Consular Area Residents Association Inc. led by  Zabat warned Casanova of legal consequences should he proceed with the demolition because the portion where these structures to be demolished stand is not a portion of the Jusmag property, but of the Diplomatic and Consular Area.
Aside from being outside the coverage area of the BCDA, Zabat said the order for the demolition is also defective since Casanova has no authority to do so.
In a separate letter, Calleja, counsel for the residents of the Consular Area, warned Casanova that they will take appropriate legal actions against him if the latter proceeded with the demolition.
“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 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.

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