By Rhodina Villanueva (The Philippine Star) Updated October 22, 2009 12:00 AM
MANILA, Philippines - A group of homeowners in BF Homes Subdivision straddling the cities of Parañaque, Las Piñas and Muntinlupa, has expressed opposition to the developer BF Homes Inc.’s alleged P10 per cubic meter right-of-way toll fee proposal.
In a letter addressed to Metropolitan Waterworks and Sewerage System Administrator Diosdado Jose Allado, the United BF Homeowners Association Inc. (UBFHAI) argued BFHI has no “property rights” to the roads, sidewalks and open spaces which are declared as “beyond the commerce of man.”
Citing Section 31 of PD 957, the UBFHAI noted that, “Upon their completion of roads, alleys, open spaces, sidewalks and playgrounds, shall be donated by the owner or developer to the city or municipality, and it shall be mandatory for the local government to accept, provided, however, that the parks and playgrounds may be donated to the homeowners association of the project with the consent of the city or the municipality concerned.” UBFHAI president Leon Arceo said it is no longer optional on the part of the subdivision owner/developer to donate the open space for parks and playgrounds; rather it is now a legal obligation to donate the same.
“Although, there is a provision that the donation of parks and playgrounds may be made to the homeowners association of the project with the consent of the city or municipality concerned, nonetheless, the owner/developer is obligated under the law to donate,” the association’s three-page letter read. Arceo’s group pointed out that neither the MWSS nor its concessionaire Maynilad have any authority to impose an additional P10 charge in the water bill or to act as an agent of BFHI in the collection of the said additional charge. Any such additional charges will be an illegal exaction.
“The subdivision residents in Parañaque City have directly paid for the installation of the water system within their respective areas. If Maynilad pays the pipe-laying in Las Piñas, it will pass on capital expenditures for the water service charges in the west service area which includes Parañaque. This is unjust and unfair to residents of Parañaque who have already paid for the cost of pipe laying, and will now be asked to pay for pipe-laying activities in subdivisions of Las Piñas City.”
The National Water Resources Board earlier, issued a cease and desist order against BFHI and its water distribution arm, Philippine Waterworks and Construction Corp. (PWCC) from operating a water system, and charging residents of BF Homes. The NWRB pointed out that the BFHI and PWCC had been operating a water system in BF Homes and collecting fees without the required Certificate of Public Clearance (CPC).
In the Parañaque and Muntinlupa portions of BF Homes, pipe-laying work by Maynilad is already ongoing with some village enclaves already enjoying water service. However, the Las Piñas City government is said to be brokering a compromise agreement between BFHI and Maynilad that would allow the water utility company access to the Las Piñas portions of BF Homes in exchange for a P10 per cubic meter add-on in their water consumption.
Heads of residential enclaves in the Las Piñas portion of BF Homes are reportedly preparing a formal petition opposing the P10 add-on.
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