Republic Acts 10066 and 4850 (1)

November 26, 2018

There are architects and contractors who have disregarded the Republic Act 10066 signed by President Gloria Macapagal-Arroyo in 2009. Even the courts seem not to pay attention to this Republic Act when it comes to disputes.

Thank God for the wisdom of President Macapagal-Arroyo, the intention is to save heritage structures. The law clearly states that structures 50 years old and above must go to court and the National Historical Commission to get a permit if the Judge can grant an old structure to be demolished. The Judges must keep themselves aware of those Republic Acts for they can cut short cases in court, like what my family is going through now. The Judge failed to consider RA 10066 of 2009.

This Republic Act 10066 paragraph F passed by the 14th Congress is very important to preserve our past. Part of it applies to “built heritage shall refer to architectural and engineering structures such as, but not limited to, bridges, government buildings, houses of ancestry (underlining mine), traditional dwellings, quartels, train stations, lighthouses, small ports, educational, technological and industrial complexes, and their settings, landscapes with notable historical and cultural significance.” Herein falls our case in court, “houses of ancestry,” which the court should have given importance from the day we filed our case.

On this issue along, we should have been given an injunction right away which up to now it has not been granted by the court hanggang naubos na ang bahay ng aming magulang at mga halaman na itinanim ng aking ama 70 years ago such as Korean pine trees, and many other exotic plants; and my mother’s flower garden she loved so much in her life – all gone without even telling us siblings as part owners of the ancestral home of our parents. A perfect example is the Hotel Intercontinental. It’s 49 years old and before the RA 10066, they went to court to demolish in order to build a new and bigger hotel because it has not reached 50 years and above wherein the prohibition applies.

It is so noticeable that many ancestral homes in our cities and towns have been stripped of history, leaving no trace of the past which gives flavor and attraction and identity in every towns and cities nationwide. They have been bought, demolished and placed elsewhere, stripping our towns and cities of its magnificent past. Many did not know that RA 10066 of President Arroyo was already in existence, passed by Congress during her presidency. Sabi ng mga trabahador, sa Bataan raw lahat nila dinadala. In Europe, if you destroyed historical site of centuries old, you go to jail.

The other very important Republic Act the court must take into consideration in disputes such as ours is the Republic Act 4850, or Laguna Lake Development Authority called the genius of President Ferdinand Marcos. This Republic Act is meant to protect and preserve the Laguna Lake from becoming a cesspool of Metro Manila’s garbage and dirty wastes going through the city canals to the Pasig River onward to Laguna Lake.

All buildings, condos, malls, restaurants and other public establishments must first secure a permit from LLDA before they get a permit from any other agencies, including the City Councils that must play second fiddle to these Republic Acts before they give “Special Permits” to their friends or families. The Barangays must also live up to these mandates before issuing permits. And most importantly, give notices to the neighborhood about any project that needs the approval of the Barangay.

The Barangay must notify the homeowners and the entire neighborhood on every step they take and will decide on. The Barangay Captains and Kagawads cannot act on their own for the entire neighborhood without the consent of the homeowners.

Tandaan ninyo ito. Huwag kayo magsiga-siga. Hindi kayo tauhan ng Mayor, Vice Mayor nor the City Council.

Barangay Captains and Kagawads must protect the neighborhood and homeowners’ interest, nor those in the City Hall that oftentimes buy you out or give you favors. Remember, it’s the homeowners who put in office at sila din ang puwedeng magtanggal sa inyo. Kung ibebenta ninyo ang sarili sa mga Mayors, Vice Mayors at members of the City Council, mag-resign na kayo at umalis na kayo sa puwesto.

Kung bakit naman nabibili ng Mayors, Vice Mayors at City Council ang members ng mga Punong Barangay at Kagawad ay hindi ‘yan dapat mangyari. Ngayon ko lang napuna nong mangyari sa amin na pinayagan ng dating Barangay Captain Flores na bigyan ng permit (noong 2017 pa) ma-demolish ang ancestral home ng aking magulang dito sa 99 Scout Gandia St., Barangay Sacred Heart, Quezon City; na hindi ipinaalam sa aming lahat; at nong matalo sa election, sa DILG isinurender ang lahat ng records ng Barangay hindi sa bagong Kapitana na sabi sa akin ni Barangay Captain Camille Malig David. Bakit hindi niya kunin sa DILG ang record? Bakit may nagbawal ba sa iyo galing sa City Hall kasi may interes sila sa property ng aking mga magulang? Mabibisto rin yan. No evil secrets can be kept forever. It will surface sooner than you think.                    (To be continued)