By Manuel L. Morató
According to Ordinance No. SP 2502, S-2016, page 118 – PO19 CC-559 (whatever that means), the residential area where we have all been living since 1939 was re-zoned a few years ago and was classified a “Medium Density Residential Subzone (R-2-A),” whatever that means; without the knowledge of the community.
My family and I; and the residents in this residential area where we have been living since October 12, 1939, the founding day of this new city named after President Manuel L. Quezon, or Quezon City.
The residents of our area are titleholders wherein it is explained in the MEMORANDUM OF ENCUMBRANCES:
PE. 9840/T-6292–RESTRICTIONS
A.) NO BUILDING OR CONSTRUCTION OF ANY KIND SHALL BE ERECTED ON THE LAND HEREIN SOLD UNTIL THE PLANS THEREOF SHALL HAVE BEEN SUBMITTED TO AND DULY APPROVED BY THE VENDOR; NO NIPA OR LIGHT MATERIALS SHALL BE USED IN THE CONSTRUCTION OF ANY BUILDING, FENCE OR OTHER STRUCTURE, AND IN NO CASE SHALL ANY HOUSE, EDIFICE OR OTHER STRUCTURES BE CONSTRUCTED WITHIN LESS THAN TWO (2) METERS FROM THE ADJOINING LOTS NOT LESS THAN 4.00 METERS FROM THE PROPERTY LINE FACING THE STREET WHERE THE LOT HEREIN SOLD IS LOCATED; B.) THE PROPERTY HEREIN SOLD AND ANY OTHER CONSTRUCTION THAT SHALL BE MADE THEREON SHALL BE USED EXCLUSIVELY FOR RESIDENTIAL PURPOSES AND NO BUSINESS, INDUSTRY OR FACTORY OF WHATEVER KIND OR NATURE SHALL BE ALLOWED OR PERMITTED WITHIN THE PREMISES. C.) THE VENDOR OR ANY OF ITS DULY AUTHORIZED REPRESENTATIVES SHALL HAVE THE RIGHT AT ALL TIMES, DURING OFFICE HOURS, TO ENTER THE PREMISES HEREIN CONVEYED FOR THE PURPOSE OF INSPECTING, SURVEYING, SKETCHING, AND INSTALLING WATER PIPES, GAS, ELECTRIC AND TELEPHONE LINES OR ANY OTHER UTILITY FOR THE COMMUNITY WHERE THE PROPERTY HEREIN INVOLVED IS LOCATED. D.) TRANSFER OR ALIENATION OF THE PROPERTY SUBJECT HEREOF SHALL BE MADE EXCEPT TO PERSONS WHO ARE QUALIFIED TO ACQUIRE LOTS UNDER THE LAWS OF THE PHILIPPINES AND UNDER THE RULES AND REGULATIONS OF THE VENDOR AND THE TRANSFEREE OR TRANSFEREES SHALL ASSUME ALL THE OBLIGATIONS OF THE TRANSFERER UNDER THE TERMS OF THIS DEED SHALL BE SUBJECT TO THE PENALTIES PROVIDED HEREIN. AND E.) FOR THE PERIOD OF AT LEAST SIX (6) MONTHS FROM THE ISSUANCE OF THE CERTIFICATE OF TITLE BY VIRTUE OF THIS DEED, THE VENDEE SHALL NOT SELL, MORTGAGE, TRANSFER, CONVEY, ALIENATE OR OTHERWISE DISPOSED OF IN ANY MANNER WHATSOEVER IN WHOLE OR IN PART, THE PROPERTY HEREIN CONVEYED OR ANY OF THE RIGHTS ACQUIRED HEREUNDER WITHOUT FIRST OBTAINING THE WRITTEN CONSENT OF THE VENDOR.
DATE OF INSTRUMENT – MAY 11, 1948
DATE OF INSCRIPTION – MAY 12, 1948
(SGD) RAMON V. VELASCO
REGISTER OF DEEDS
Honestly, we the residents in this area are kept uninformed by the decisions of the Quezon City Council in re-zoning our neighborhood, destroying our residential neighborhood of peace and order. Without informing the residents, the Quezon City Council then headed by Vice Mayor Joy Belmonte Alimurung on or about 2016, passed resolutions re-zoning our residential area without consultation with the residents, without the benefit of a hearing in the City Council for them to know how the community feels about their planned rezoning.
The Barangay Captain then, Mr. Alberto Flores, never informed the community of what he was approving such as the demolition of my mother’s house which falls under the law prohibiting the demolition of structures 50 years old and above, Republic Act 10066.
Without consulting the residents in the neighborhood, a permit for demolition was issued by said Barangay Captain, solely approved by him without the consent or signatures of his own Barangay Kagawads. Barangay Captain Alberto Flores is not a stranger to me for I’ve extended assistance for his constituents’ needs from the PCSO; as well as the Barangay Captain’s requests.
When a new Barangay Captain/Chairman was elected in the last Barangay Election, I was informed when my family noticed that a permit was issued for demolition posted on the gate of our parents’ ancestral home. That led my family members living in the family compound to inquire from Barangay Captain Flores what was happening. He said that it was a request from my youngest brother, Jose L. Morato. But I told Mr. Flores why did you not tell us? The ancestral home is owned by the six children of our parents; that it does not belong to Jose L. Morato alone; and if any document was presented to him, he should have verified with us if the document is legal because as it now turned out, the documents JLM is holding are falsified.
Evidently, Captain Flores was shown falsified documents that say Jose L. Morato had bought the house of my parents. That just could not be for we are six compulsory heirs. The house was never sold to Jose L. Morato; for many reasons, one of which is, it’s against the law. 49 percent must be equally divided among the six children, our mother’s compulsory heirs are entitled to.
There are a couple of important points I wish to take up: Despite the fact that our neighborhood was classified a “Medium Density Residential Subzone,” where only up to the 7th floor can a building be allowed; and to go higher, the QC Council can give a “Special Permit” with the approval of the Vice Mayor, then VM Joy Belmonte Alimurung. With the issuance of “Special Permit” it’s exempted from the “Medium Density Residential Subzone.” However, I wish to call the attention of these two highrise buildings going up at the same time near each other, both given “Special Permits” approved by then Vice Mayor Joy Belmonte Alimurung. Why? Are the two buildings related to one owner? Why did they give themselves a preferential and special treatment?
As we were told, those two 21 and 22 storey buildings given “Special Permits” are not supposed to be next door to residential homes. If at all, these buildings must have a barrier or easement of two meters of space. But it is not being followed for it turned out that my mother’s house is now owned by the Belmontes. The other building is said to belong to the same family as well.
Sinagad ang mga residential homes adjacent without leaving a two-meter easement. Hindi talaga dapat ginawa ito sa amin. The noise of the equipments are unbearable as well as the laying of steel bars dumped on the site with extreme noise, despite the GCQ.
There was a 3rd one also given a “Special Permit” in favor of contractor Jerry Acusar, also a partner of the Belmontes – also along Scout Gandia Street in Barangay Laging Handa. But the Homeowner’s Association fought back and put a stop to the project. It is unfortunate, however, that in our Barangay Sacred Heart, the former Barangay Chairman never formed a Homeowner’s Association; and to this day, we still do not have one.
If it is alright to say, the Department of Interior and Local Government (DILG) must compel all the Barangays nationwide to have a Homeowner’s Association to protect themselves from invaders of their Barangay; or for self-preservation for as I gathered, land-grabbing is a big problem ongoing all over the country based on reactions to what happened to the ancestral home of my parents which also suffered from land-grabbing right beside us in our family compound. It was so “professionally” done that not one of us with my sisters and other members of the family noticed the sudden takeover.
We were told by other victims that what happened to us shows exactly the modus operandi of professional land-grabbers – to dig, dig, dig… go on and inflict more and more damages until it leads to a court case. They do expect to be sued, pero normally ang victim are those who cannot keep maintaining the expenses until they end agreeing to an amicable settlement. Since land-grabbers have more funds to spend for they have made a fortune doing precisely this illegal modus operandi, they simply bully their victims. It’s a very inhuman thing to do to anyone, not even to an animal.
I feel extremely bothered for when I was PCSO Chairman, with the approval of President Fidel V. Ramos, we transferred the PCSO offices from San Marcelino in Ermita to the Quezon Institute Complex.
President Ramos, having been one of the directors of the Philippine Tuberculosis Society in the past had special regard to the hospital for tuberculosis patients. He instructed the PCSO when I was its Chairman to approve a P200 million pesos for the repair of the entire complex including the administration building and the hospital with a leaking roof and the original fence of the Quezon Institute Complex. Evidently, the San Jose Builders of Mr. Jerry Acusar and former Speaker Feliciano (Sonny) Belmonte whom I have known for some 40 years together with Betty and their four children are partners.
I never thought that this injustice could ever be done to us, together with Sta. Lucia Builder of Exy Robles, also a friend. Our youngest brother JLM was with their group, sadly and very unfortunately.
They say that what happened was done in “good faith.” We cannot accept the excuse for it takes so little to do due diligence to find out the truth, considering that we were all friends from way back.
I am sorry to say that no matter how we turn things around, the “DNA” of a land-grab is too visible, noticeable and extremely apparent.
What then do we do? So many falsified documents were submitted in Court including thumb-marked documents by my mother without the presence of a Notary Public when my mother was already bedridden. Go figure. In the meantime, construction goes on despite the ECQ with all the noise and commotion in our neighborhood.
I ask one question: Is the decision of the Quezon City Council final? Is it legal for a Vice Mayor to approve and grant “Special Permits” in favor of themselves? Then Mayor Herbert Bautista had veto powers but could not do it for some reason or another in order not to clash with co-government officials.
Who then can we run to? We give up on the Courts in Quezon City. Can’t the DILG do something about our predicament, owing to the fact that the Department of Interior and Local Government is above the Local Government Units, or LGUs.
For comments and suggestions email at mlmorato@yahoo.com