Attention DOJ
IAM very sad that the president of the Golden Hills Homeowner’s Association (GHHA), Ana Maria Fructuso, in Antipolo, Rizal, was arrested some days ago. From reports I received, she was charged with three separate crimes of “grave coercion” under Article 286 first Paragraph of the Revised Penal Code allegedly committed against three persons. When she failed to pay the bail fixed by the Court, she was arrested at her residence in the subdivision, handcuffed, then made to walk to jail. A most humiliating experience indeed, for a retired school teacher as if she was a member of the Abu Sayyaf. Mrs. Fructuso, like many other teachers had tried to do her best to support herself with her savings and pension. She spends quite a lot of money for her medical expenses since she is suffering from an illness. Fortunately, she has friends who put up the bail, and now she is temporarily free.
The president of the GHHA claims that the alleged fault that she committed was she warned the complainants – squatters – not to bring in construction materials into the premises of the subdivision where they would build in an area within the private subdivision. The complainants are not GHHA lot owners, nor could they show any legal document signed by any lot owner that they could construct any structure in the property of the landowners.
In the United States of America, I remember an unfortunate incident where a Japanese tourist by mistake wandered into the garage of an American’s house. The house owner thought, the intruder had bad intentions, and shot him. The US Jury acquitted the American for the death of the Japanese. It is clear, based on US jurisprudence, that the land owner can use necessary force to prevent an intruder from trespassing on his land.
In our country, I ask the questions: Can a landowner or a subdivision president of landowners not prevent a squatter from forcibly entering and moving into the subdivision? Why would a squatter be allowed to bring in building materials into a subdivision? Can the use of a security guard or, can the president herself, or lot owners themselves stop the entry of such materials? We must consider that most private subdivisions have gated entrances with security guards and roads are maintained and owned by the subdivision owners. Why will it be a criminal act when the owner is merely preventing the violation of their collective rights and to peaceful possession of their property? From the allegations reported to me, it would seem that squatters have better rights than landowners? Again, how can a squatter afford the services of a private lawyer? I am also surprised at the speed with which our justice system moved in order to sustain the rights of the squatters to bring in construction materials into the subdivision area using the private roads. I suspect that a syndicate exists and is supported by some politician in selling rights to squatters in that subdivision.
I do remember years ago, another president of the GHHA (Bayani Gervacio) was ambushed by a lone gunman inside the subdivision riding a motorcycle. Fortunately, the victim survived. The suspect in that case was also attempting to smuggle in construction materials, in order to squat inside GHHA. Mr. Gervacio was also trying to stop the trespass. The suspect was reportedly “well connected” with the PNP. Needless to say, the case has remained unsolved until today.
It is regrettable that all over our country, it would seem that local government units, with some exceptions, are only interested in collecting real estate taxes, and imposing penalties for failure to pay taxes on time – even on land that is occupied by squatters. It is most unfair to the land-owner to be burdened with those taxes when they cannot make use or even get a reasonable price for the sale of their lands. And when it comes to actions to prevent squatters from moving-in, the land-owners are charged with criminal offenses involving “intimidation”? Then when removing squatters, what court, with exceptions, will move with the expected action within a reasonable time.
To put the record straight, I do own lots in GHHA. But indeed it’s about time for the three branches of government to discourage the squatting of lands may they be government or privately owned.