Greggy Araneta versus Forbes Park

This is bad news for the home of the rich and famous, that posh and upscale village in Makati, but good news for those living along McKinley Road.

Just recently, businessman Greggy Araneta III, the son of the late Don Luis Araneta, scored a landmark victory against Forbes Park Association Inc. over the issue of unpaid association dues.

Araneta, through his entity Pagrel Inc. which is situated within Forbes Park but along McKinley Road, got into a legal battle with Forbes Park Homeowners Association Inc. (FPA) way back in 1999.

Forbes Park initiated a claim for collection of membership dues against respondent Pagrel before the Home Insurance Guarantee Corp. Forbes Park alleged that Pagrel stopped paying its annual membership dues on Dec. 1, 1997.

But Pagrel said it was unable to avail of proper services from the association such as security, garbage collection, water delivery and other basic services. Thus, it was not receiving the basic services other homeowners were receiving.

Forbes Park is claiming membership dues and interests from Pagrel, a consultancy company. However, Pagrel said Mckinley Road, where its property is located had been neglected by Forbes Park.

Requests for additional security road maintenance and coordination with the MMDA for traffic were unjustifiably neglected, Pagrel said.

In August 2001, the Housing and Land Use Regulatory Board (HLURB) rendered a decision in favor of Forbes Park.

It ruled that Pagrel must give or commit its contribution to the common fund of the association, but at the same time the HLURB found merit in Pagrel’s claim and reduced the membership dues to reflect the true amount.

Thus, Pagrel was ordered to pay annual membership due of P18,000 from 1998 to 2001, plus interest per annum or P72,000.

Not contented with the reduced amount, Forbes appealed the decision of HLURB to the Office of the President, which then ruled that the HLURB’s decision is final.

Pagrel turned to the Court of Appeals, saying that the decision of the HLURB had already attained finality since 30 days had already lapsed without the Office of the President reversing or amending it.

Forbes Park then turned to the Supreme Court, which revised the HLURB’s decision affirming the reduced fees in so far as years 1998 and 1999 are concerned.

However, with respect to year 2000 and onwards, the High Court said that Forbes should discuss the proper fees applicable to Mckinley Road residents pursuant to RR 9904.

The High Tribunal’s affirmation of the reduced fees is a clear victory for Araneta, and maybe, for those similarly situated along McKinley road.

It stresses the factual reality of the situation — that resident members of a homeowner’s association located outside a gated community or village are not able to avail of the same privileges of homeowner’s inside, and accordingly must pay a lesser amount in association dues.

With the SC rendering the final verdict, the issue is now over but I think it’s quite an interesting legal battle. I didn’t realize that the gated village of the rich and famous — just like any other community — also has the same problems of garbage collection, security, and water supply. The rich, of course, won’t take it sitting down.

Dominguez versus GMA

In government, there’s an interesting battle as well. For several weeks now, the business community’s rumor mill has been churning out a headline grabbing gossip — former president and House Speaker Gloria Macapagal-Arroyo reportedly wants the post of Finance Secretary Carlos Dominguez, and she might get it next year.

The finance portfolio is no doubt a sexy post. More importantly, powerful. Arroyo, if word on the street is to be believed, is reportedly doing everything in her power to get the post. She is on her third and final term as a representative of Pampanga.

On Tuesday, pressed by reporters, both Dominguez and Arroyo separately commented on the rumors that have spread like wild fire.

“Really? How interesting,” the finance chief said on talks that Arroyo would replace him next year.

Arroyo, on the other hand, neither confirmed nor denied it.

“That’s hypothetical,” Arroyo said on Tuesday, commenting on the same issue.

If the story is to be believed, the former president-turned-House Speaker, reportedly wants Dominguez out so she can then move to the Department of Finance. Conspiracy theory or real? If this is true, it’s quite an audacious move. The no non sense Dominguez after all is known in the business community as someone you don’t mess with. Some call him the “english-speaking Duterte.” Dominguez is a key member of the president’s inner circle. They go way back even before the 2016 presidential campaign — all the way back to their younger days. Now who can beat that? But wait. On Tuesday night, sources said there has been a compromise agreement between the two parties — Dominguez will keep his post, while Arroyo will become the executive secretary.

ES Salvador Medialdea will be associate justice. If for whatever reason, Dominguez decides to throw in the towel and resign, an Arroyo-ally i.e. Joey Salceda will be appointed as finance secretary.

For now, it’s a running story. Let’s wait and see. Iris Gonzales’ email address is eyesgonzales@gmail.com