Monday, April 2, 2007

2007 MVHAI PRESIDENT APRIL 3 Letter to the homeowners


3 April 2007

TO MY BELOVED FELLOW HOMEOWNERS:

The time has come for us peace-loving homeowners to make a stand as to what we want to happen in our very own village. We have been besieged by this shadowy group (who cannot even bring themselves to identify their names except to say they are “Gacutan et. al” or “2004 hold-over Board”).

Together with sheriffs, numerous policemen, guards and goons, these notorious characters violently took-over our clubhouse last March 29,2007. The take-over was indescribable except to compare it with a brutal police operation to bust a ring of kidnappers, murderers, drug dens and other criminal syndicates. Shards of glass were flying everywhere as the barbaric attackers pounded our glass partitions with crowbars just to scare out our cornered employees who were already cowering inside the office. The presence of our 62 year old Village Manager Ms. Noni David and of another grandmother, 61 year old Ms. Mila Medina, a village director, did not matter to them. Our counsel was also assaulted while he was explaining to the sheriffs that they were serving the Order against the wrong parties who have nothing to do with the case. It was a grim and savage scene. (Please see footage at www.multinationalvillage.com)

OUR VILLAGE DOES NOT DESERVE THIS BRUTALITY. IT WAS AN INHUMAN AND EXCESSIVE USE OF FORCE. IT WAS AN ASSAULT AGAINST THE PEACE, HONOR AND DECENCY WHICH WE ASPIRE OUR VILLAGE TO BE KNOWN FOR.

The intention of this so-called “hold-over board” is very apparent. The first thing they did was to serve the order on the MVHAI banks in an attempt to get MVHAI’s collections intended for Village expenses. Then they posted guards at the main entrance where MVHAI levies fees for cargo trucks intended for road maintenance. And when they cannot get the meager collections for these truck charges, they caused the arrest of our guards (Centennial) to make sure their own guards (Majesty) get even these small amounts.

And then they circulated their unsigned letter asking us to pay our dues at the clubhouse. Finally, they threatened our employees to report to them to avoid termination from employment. Apparently, so they can ensure the remittance of collections of dues to them. All for the money.

You voted for us. We ask you to be with us in this crisis. We can just give up and walk away while this village will go down to the sewers or be buried in disrepute. But together, we can make this shadowy group realize that they can take by force everything in this village, EXCEPT US OURSELVES --- EXCEPT OUR BASIC RIGHT TO LIVE FREE IN THIS VILLAGE—EXCEPT OUR RIGHT TO EXERCISE OUR CHOICE OF LEADERS -TO SELECT WHO WE CAN TRUST -TO IGNORE THE PRETENDERS AND POWER-GRABBERS. As one homeowner wrote, respect and trust are too sacred that they cannot be taken by force.

I urge you to network with your neighbors to see how you can show your support to your present Board (2007). Please reach us or any of your Phase directors. Please pay your dues and water bills and ensure this goes to your present Board. And please help us encourage and inspire our employees and our guards (Centennial) to work for the village instead of giving up out of fear. Ignore this shadowy group and let the most powerful voice of the homeowners reverberate in this village-- though whoever at Malacanang or HLURB says otherwise—though even if the heavens fall. This is too much of an insult to us homeowners and we must act.

Their security agency (Majesty) was just informed by us that MVHAI will not honor their contract and their bills.

Thank you for being there. We will prevail! May the blessings of our Lord Jesus, with the Father and the Holy Spirit be with us all.

Very truly yours,

Ms. Olive Begre

President, 2007 Board

Please call 829-4721; 826-6089; or text 09212336606

OPEN LETTER FROM AN MVHAI HOMEOWNER




OPEN LETTER FROM AN MVHAI HOMEOWNER

31 MARCH 2007

DEAR “MVHAI DIRECTORS ON HOLD-OVER CAPACITY”

MVHAI CLUBHOUSE, NAZARETH COR. JUDEA

I received your unsigned letter addressed to us homeowners. May I then respond as a homeowner.

In 2003, my wife and I acquired our Jerusalem property practically with our sweat, blood and tears. Like most if not all others, our simple wish then and now is just to see our kids and future grandchildren live in this village and be proud we have chosen it for them. We thought then it was beautiful and peaceful place.

We both work as company executives and we regret not having much time for our village affairs. Yet, we make sure we participate in the village democratic process which is its annual election. We deem it not only our right but our duty to vote and put in good hands the affairs of the village while we work to sustain our family. We are very thankful at how our selfless neighbors could willingly offer their time and services for our village so we take our hats off to every candidate whether he wins or loses They make the democratic process succeed for our collective benefit.

Last January 2007, I voted as director my good neighbor 61-year old Ms. Mila Medina, a long-time resident in this village. It so saddens me to read in a paper the other day that she was violently booted out from the clubhouse with the use of brute force. Village properties were destroyed. Our lady village manager, Ms. Noni David, the MVHAI employees and even a MVHAI counsel were physically harassed. Their only fault was to be there to work for us villagers while we kept ourselves secure and safe in the comforts of our houses or offices.

And we just learned this morning that you caused the police to haul the guards at the gates. They must now be in detention? Their only fault also was to be engaged by the present board to protect our village so we can be secured in our homes. What worse things do we expect to happen next? Arrest the board members chosen by the homeowners themselves? What have we transformed ourselves to be?

I was just struck by your statement about “HLURB and Malacanang, the sheriffs and SPD who all believed in the cause that we (you) steadfastly held on”. Please tell us what kind of “cause” is this which is more noble than the inherent right of us homeowners to choose our preferred officers. Please make us understand what “cause” is this that defiled, negated and subverted the sacred choice I made last January 2007 elections. Allow us to grasp why we get strangers to impose that “cause” in us instead of you making us believe in it. If that is a good cause, should we not be given the change to embrace it willingly and voluntarily rather than it being forced in us by the “sheriffs and SPDs”?

You are asking us to “pay your (our) dues at the Clubhouse”. At the very least, please tell us who you are and what your intentions are about our dues. Your letter is unsigned and does not even bear names. Please tell us why we should trust you with our hard-earned money. Do tell us why we should not heed the directive of the present board to pay to them so they can in turn pay for our village utilities.

Whoever you are, the clubhouse, the auditorium and the gates are just structures. By force, you can always take them with the zealous assistance of your “sheriffs and SPDs”. Yet, I hope you will soon realize that you cannot take by force the minds and hearts of villagers whose right to choose, and whose right to leave in peace and in honor, you have just torn and trampled. I fear you might even have cancelled that opportunity to make them believe in your “cause”. My humble view is that leaders do not and should not demand recognition and respect from their members. These are much valued things that are given voluntarily and expressed during our annual elections.

You proclaimed that “we (you) have reclaimed our (your) rightful positions in MVHAI”. I can understand this if MVHAI is a disputed private property. But it is not. It is the repository of the cumulative hopes, aspirations, choices and preferences of the villagers including both you and me. The board and officers’ seats are so reserved for whoever the villagers choose to be worthy of their trust. Your were once trusted in year 2004. If you value this small voice from a homeowner, my view is that this is not the way to redeem that trust once reposed in you.

You said “we(you) will explain in detail the events”. What else other than the numerous exchange of letters from various sides do we need to know? What is clear is that you were able to nullify the 2005 election and the 2005 directors were ordered to step-down in your favor as hold-over. Did the Malacanang decision also nullified the 2006 and 2007 election and ordered the corresponding boards of those years to step down? We leave these legalities to the lawyers concerned. After all, good relation among neighbors is more than legal. It is founded on basic trust and respect. Again, those are not forced or demanded. Those are earned and voluntarily given.

May I just wish for peace and reason to reign in your hearts. Neighbors may disagree but there is no need to hurt each other. I still believe in your inherent goodness.

In ending, may I invite the other villagers to come out and speak their minds. Many of us have been fence-sitters for so long. This is our village and we can rely only on ourselves, next to God.

Sincerely,

HARRISON M. PALTONGAN

Lot 32 Jerusalem St.

Cc: Ms. Olive Begre, President

MVHAI EXECUTIVE SUMMARY DATED FEB 22


EXECUTIVE SUMMARY

RE: MULTINATIONAL VILLAGE HOMEOWNERS’ ASSOCIATION (MVHAI)

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1. In January 2004, the group of Arnel Gacutan was elected as MVHAI directors.

2. In the January 2005 village elections, the HLURB restrained the use by Mr. Gacutan of proxy votes for being unverified and questionable. Hence, the group of Felix Resuello won as directors. The latter then filed a case for recognition as such because Gacutan refused to turnover the MVHAI office (NCRHOA-020105-557).

3. Unfortunately, last March 10, 2005, the HLURB Arbiter (Dunstan San Vicente) came out with the subject decision nullifying the 2005 election and ordering the 2005 directors (Resuello et al) to vacate. The dispositive portion provides:

“Wherefore, the foregoing premises considered, a judgment is hereby rendered dismissing complainant’s prayer for affirmation of their election but instead invalidating said election last January 23, 2005.

“Accordingly, the complainants (Resuello et. al.) are hereby directed to peacefully and orderly relinquish their office and position to the former members of the Board of Directors of MVHAI(Gacutan et. al.) and leave its clubhouse and turnover the custody thereof [to] the Board of Directors, and submit a written accounting of moneys received and disbursed from the moment they took over on February 4, 2005, as well as inventory the items therein in the presence of the Management Election Committee of MVHAI. To encourage and ensure a peaceful, humane, courteous and orderly turn over of the clubhouse and the above records and assets of MVHAI, let the proceeding be observed by the members of MVHAI, local government officials, interested entities; and when warranted by overriding requirements of peace and tranquility, by authorized peace officers.

“Let an Ad Hoc or election committee of MVHAI be immediately constituted and appointed which shall be composed of a competent professional or corporate attorney as chairman and representative of this Office, and one representative each from the parties who are members of the MVHAI, and are knowledgeable in corporate proceedings and with known reputation of competence, probity, and integrity, which committee shall provide MVHAI the requisite expertise and objectivity in calling and holding of the meeting of the members to elect the directors of MVHAI. The said Ad Hoc or election committee shall perform its functions and hold office in an accessible, open but secure portion or space of the clubhouse, free and unaffected or uncontrolled at all times from any partisan actions or influence of the parties.

“After its constitution and appointment of its chairman and two (2) members, the committee shall forthwith meet to determine and formulate, among others, appropriate mechanics and rules for the qualification of the members who shall vote and seek an elective, etc. (sic) All meetings, discussion and deliberations to be conducted by the Ad Hoc or Election Committee shall be open and transparent to all parties and members of the association who shall have free and unrestrained access to the venue of said meeting or conferences of this special committee.”

4. On 13 October 2005, the above decision was reversed by the HLURB Board of Commissioners (“BOC”) which declared that “the will of the majority of the members of MVHAI has been already expressed which must be respected.” (HOA-A-050413-0010).

5. But then, on 16 May 2006, the Office of the President (through Usec Gaite) reinstated the Arbiter’s decision. (No. 05-K-377). The reinstated decision became final but only on 18 July 2006. This was several months after the January 2006 election when the 2006 board was installed by the homeowners. While five (5) of the 2005 directors were re-elected, seven (7) were totally new and hence are not parties to the case. The 2006 election was never put in issue and was never questioned in the same case or in any other suit

6. On 31 August 2006, Gacutan et. al., armed with a writ of execution and with numerous goons, tried to takeover the village clubhouse. They were restrained, however, by the BOC which issued a status quo order on the basis of an Urgent pleading from the lawyer of the 2005 directors that the case had already become moot and academic or functus officio since said directors are no longer sitting as such.

7. Gacutan filed his motion to lift the status quo order with the BOC, a Petition for Certiorari with the Court of Appeals, and also a Motion before the OP in an obvious forum shopping spree all assailing the status quo order.

8. On 2 January 2007, the OP (again, through Usec Gaite) came out with an Order which further added chaos to the already murky situation. The dispositive portion is as follows:

“WHEREFORE, premises considered, the Manifestation and Motion of respondents-appellants(Gacutan et al) is hereby GRANTED. The Order of the HLURB Board of Commissioners dated August 31, 2006 is hereby SET ASIDE and a new one issued DIRECTING the same Board to IMPLEMENT the Decision of this Office dated May 16, 2006, which was declared final and executory in the Resolution dated July 18, 2006.

SO ORDERED.”

9. In response, the HLURB BOC released an Order on 17 January 2007 which sought to clarify how the OP intends to implement a Decision which obviously has become functus officio:

“Considering the present circumstances of the parties in the instant case in relation to the specific orders of the above-quoted dispositive portion of the decision reinstated by the Office of the President, and considering further that it was the decision of the Office of the President that became final, it behooves this Board not to impose its own interpretation in the execution thereof. Thus, we defer to the judgment of the Office of the President and elevate the matter thereto on a request for a clarificatory order to guide this Board and the Regional Office in the implementation of the decision, specifically whether or not the decision shall be implemented against the 2005 and/or the 2006 Board. This is also proper considering the manifestation and motion already filed before the said Office by the respondents.

WHEREFORE, let a clarificatory be sought from the Office of the President as regards the implementation of the decision.”

10. Meantime, the MVHAI 2006 President, Ms. Olive Begre, asked for guidance from the HLURB about the scheduled election in January 2007 pursuant to the MVHAI By-laws.

11. On 5 December 2006, the HLURB replied as follows:

“Dear Ms. Begre:

This has reference to your letter dated 04 December 2006, which was received by this Office on the same date, regarding the conduct of your elections.

Relative thereto, you are hereby advised to conduct your elections in accordance with the provisions of the By-Laws of your Association.

Very truly yours,

Atty. Joselito F. Melchor

Head, Homeowners’ Association

Franchising and Adjudication Unit

Noted:

JESSE A. OBLIGACION

Regional Director”

12. Accordingly, the homeowners elected the 2007 directors last 28 January 2007 and hence, at present, not even the 2006 directors are sitting as such. MVHAI has already its 2007 set of directors and officers in place.

13. Yet, in a surprising twist of events, the same HLURB Arbiter San Vicente, issued an alias writ of execution in favor of Gacutan et al which the sheriff now enforced. This was obviously meant to pre-empt the BOC and OP clarification. Last March 29, 2007, Gacutan with the aid of sheriffs, his security guards and some unidentified persons violently seized the clubhouse by breaking doors and windows, and took over the clubhouse.

14. It is thus imperative that Usec Gaite acts on the BOC request to clarify that the Decision, as it is written, pertains only to the 2005 election and 2005 directors and cannot be interpreted to extend to the 2006 directors who are not parties thereto and to the 2006 election which was not the subject of the case. And again, the 2007 election already supervened which is not even a subject of the BOC request for clarification.

Truly yours,

OLIVIA BEGRE

President (2007 MVHAI Board of Directors)

February 22,2007