Citing lack of merit, Judge Alberto Lerma of the Muntinlupa RTC-Branch 256 denied the motion for reconsideration filed by the UBHFAI. Lerma likewise noted in his two-page order that "the writ of preliminary injunction is dissolved" as he recognized "the power of the City to open roads leading to subdivisions in the exercise of police power for the interest of public welfare."
Parañaque police led by Superintendent Ronald Estilles enforced the court order yesterday morning. Estilles said El Grande and Aguirre gates are now open as commercial roads and that the village guards have already vacated their posts.
"We would like to stress police visibility so a number of policemen are deployed in the area. We are there to give assistance and not to take control of the gates," he said.
Earlier, the (UBFHAI) was able to secure a cease-and-desist order from the Muntinlupa RTC concerning the opening of the Elizalde and El Grande gates to the public. UBFHAI president Celso Reyes said the CDO also meant that the long-time issued injunction should be enforced until a final decision has been released by the court.
"The authority to manage the village should be given back to us. Because of the local government’s takeover of the supervision of Aguirre Street and other gates, village residents have been exposed to more danger considering the proliferation of criminal elements," Reyes said.
An ordinance issued in 2000 re-classified Aguirre Street and El Grande Avenue in BF Homes as commercial zones, thereby opening the roads to the public. This was preceded by a city council resolution passed on June 1, 1999, to open to the public two roads, which are linked to Sucat Road and to Las Pinas City. When Bernabe was elected as mayor of the city, businessmen belonging to the homeowners’ association, urged the implementation of the ordinance but Bernabe said there is a pending injunction. However, the mayor said his legal officer informed him there is no more injunction which only meant it was already dismissed.
To the dismay of the association officers, Bernabe then opened Aguirre Street to motorists following complaints from establishment owners on UBFHAI’s "gate pass" fee of P200 or even as high as P500.
In related developments, The STAR learned that Bureau of Internal Revenue Regional Director Anselmo Adriano sent the UBFHAI a letter last week.
Dated Sept. 7, Adriano’s letter, a copy of which was obtained by The STAR, was also an answer to a protest allegedly filed on Oct. 10, 2004. Reyes is being ordered to pay more than P3.7 million in unpaid taxes for the year 2001 which he has to settle by 10 days upon receipt of the notice.
Reyes is being told to pay deficiencies in income tax, Value Added Tax (VAT), and expanded withholding tax amounting to P636,370.89, P3,045,632.74, and P29,366.28 respectively, for the taxable year of 2001.
"Be informed that the aforesaid assessment notices have long become final, executory, and demandable since your protest was filed beyond the 30-day period," Adriano said citing provisions of the 1997 tax code and other revenue regulations.
Reyes apparently questioned the BIR’s tax assessment for UBFHAI last year and received a response from the office almost a year after doing so.
What makes matters worse is that the BIR is now giving the UBFHAI "10 days within which to settle the above stated internal revenue tax liabilities plus surcharges and interest."
The UBFHAI’s unpaid tax obligations was obviously uncovered by the Bernabe camp which is being attacked by the other since the Mayor opened BF Homes’ Aguirre and El Grande Streets.
Reyes opposed the move believing that the roads are under the jurisdiction of a private subdivision and are therefore private property. But Bernabe, who claimed receiving complaints from BF Homes residents and businessmen, said he is only implementing an existing city ordinance which opens the streets to public traffic.