Justice vs miscarriage of justice
Justice vs miscarriage of justice
Updated 00:44am (Mla time) Nov 10, 2004
By Neal Cruz
Inquirer News Service
Editor's Note: Published on page A14 of the November 10, 2004 issue of the Philippine Daily Inquirer.
A FINAL note on the case of spouses Martin and Melody del Rosario whose lot was sold at public auction by the Quezon City government without their knowledge to pay for their delinquent real estate taxes amounting to P3,102.75 (read my last three columns). The spouses have filed a petition with the Quezon City regional trial court to nullify the sale for lack of due process.
This is an example of the common conflict between substance and technicality, between true justice and a miscarriage of justice. Nullifying the sale won't do any harm to the buyer nor to City Hall. The P200,000 that the buyer paid for the property would be returned to him. And City Hall has already been paid by the Del Rosarios the back taxes, plus interest. But if it is not nullified, the couple would lose their home worth several millions of pesos. All because the Quezon City Treasurer's Office was careless and too much in a hurry to sell. It is very clear here where justice lies.
* * *
In reaction to the first part of the three-part series about squatters and the unfinished Congressional Avenue Extension, district engineer Oscar P. Cammayo of the Quezon City First Engineering District sent a letter on the progress of the construction of the street. He wrote:
"Quezon City Mayor Feliciano Belmonte had on several occasions gone out of his way to help our office in resolving right-of-way problems, particularly on squatter relocation.
"We had for instance solicited his assistance last Aug. 4, 2004 in the removal of 16 squatter families who were members of the Pioneer Residents Association of Congressional Avenue (PRACA). Mayor Belmonte was able to convince the 16 families to vacate the space occupied, enabling our office to proceed with the earth moving and eventual concrete paving of two lanes from T.M. Kalaw Street up to a distance of about 453 linear meters toward Salinglahi Area. This activity is still ongoing.
"Outside of the ongoing project, a stretch of about 342 meters remains to be constructed in order to reach Luzon Avenue. To construct a two-lane road will involve the removal of 37 families at Salinglahi Purok 4, 119 families at Luzonville and 50 families at the MWSS [Metropolitan Waterworks and Sewerage System] aqueduct.
"Mayor Belmonte likewise held a meeting with Director Patric Gatan, DPWH [Department of Public Works and Highways] officer in charge of squatter relocation, in the later part of September 2004 to advise him on the need to immediately occupy the area along Congressional Avenue Extension between Violago Subdivision and Tandang Sora Avenue that was vacated by squatters who were relocated by the city government when their houses were burned.
"Director Gatan informed Mayor Belmonte during the meeting that apart from the squatter families, the parcel of land vacated were privately owned lots and there is a need to provide funds for the payment of the road right-of-way.
"DPWH Secretary Florante Soriquez has already recommended to the Department of Budget and Management the allocation of at least P30 million in order to partially pay for the land of the affected property owners. Secretary Soriquez also advised Director Emil Sadain from the DPWH President's Bridge Program Office to immediately proceed with the construction of the bridge across the Pasong Tamo River tributary.
"Mayor Belmonte and Pasong Tamo Barangay Captain Marivic Co-Pilar have likewise identified a relocation site within the vicinity for Pasong Tamo squatter families affected by this road construction. The relocation will start as soon as the site is ready for occupancy....
"More funds, particularly for payment of private lots, are needed and about 1.2 kilometers of road remains to be constructed. Nevertheless, we would like to express our profound gratitude for your continued concern and your unequivocal support in seeing through the completion of this project."
* * *
I bumped into the President’s son, Rep. Mikey Arroyo, and I jokingly asked him if he, like other children of top government officials, is also a member of the "committee on silence" in Congress.
The congressman replied that he may be silent but he has been working and that he takes his job seriously. "I am aware of my responsibilities and I take them seriously," he said. "I am still in the learning stage. I have to admit that I am still hesitant to participate in debates. But I attend sessions and committee hearings to observe and to learn."
He admits that being the son of President Gloria Macapagal-Arroyo and the grandson of President Diosdado Macapagal has made his election as congressman of Pampanga province fairly easy. However, it has made his job difficult because he would be walking in their shadow.
"I don't think I would ever come close to the achievements of my mother and my grandfather," he said, "but you can be sure that I will try my best."
Mikey is a member of the cooperative development committee, the committee on energy, and the public works and highways committee. He has sponsored and co-sponsored three House bills:
• HB 02068, which would create the Department of Housing, Planning and Urban Development to coordinate the activities of the many housing and urban development agencies and to rationalize the housing policies.
• HB 02388, which seeks to encourage the public to give information and evidence against public officials and employees who violate the Anti-Graft and Corrupt Practices Act.
• HB 022896, which seeks to give a 20 percent discount on food purchases to members of the Armed Forces of the Philippines, the Philippine National Police, the Bureau of Jail Management and Penology and the Bureau of Fire Protection.
Updated 00:44am (Mla time) Nov 10, 2004
By Neal Cruz
Inquirer News Service
Editor's Note: Published on page A14 of the November 10, 2004 issue of the Philippine Daily Inquirer.
A FINAL note on the case of spouses Martin and Melody del Rosario whose lot was sold at public auction by the Quezon City government without their knowledge to pay for their delinquent real estate taxes amounting to P3,102.75 (read my last three columns). The spouses have filed a petition with the Quezon City regional trial court to nullify the sale for lack of due process.
This is an example of the common conflict between substance and technicality, between true justice and a miscarriage of justice. Nullifying the sale won't do any harm to the buyer nor to City Hall. The P200,000 that the buyer paid for the property would be returned to him. And City Hall has already been paid by the Del Rosarios the back taxes, plus interest. But if it is not nullified, the couple would lose their home worth several millions of pesos. All because the Quezon City Treasurer's Office was careless and too much in a hurry to sell. It is very clear here where justice lies.
* * *
In reaction to the first part of the three-part series about squatters and the unfinished Congressional Avenue Extension, district engineer Oscar P. Cammayo of the Quezon City First Engineering District sent a letter on the progress of the construction of the street. He wrote:
"Quezon City Mayor Feliciano Belmonte had on several occasions gone out of his way to help our office in resolving right-of-way problems, particularly on squatter relocation.
"We had for instance solicited his assistance last Aug. 4, 2004 in the removal of 16 squatter families who were members of the Pioneer Residents Association of Congressional Avenue (PRACA). Mayor Belmonte was able to convince the 16 families to vacate the space occupied, enabling our office to proceed with the earth moving and eventual concrete paving of two lanes from T.M. Kalaw Street up to a distance of about 453 linear meters toward Salinglahi Area. This activity is still ongoing.
"Outside of the ongoing project, a stretch of about 342 meters remains to be constructed in order to reach Luzon Avenue. To construct a two-lane road will involve the removal of 37 families at Salinglahi Purok 4, 119 families at Luzonville and 50 families at the MWSS [Metropolitan Waterworks and Sewerage System] aqueduct.
"Mayor Belmonte likewise held a meeting with Director Patric Gatan, DPWH [Department of Public Works and Highways] officer in charge of squatter relocation, in the later part of September 2004 to advise him on the need to immediately occupy the area along Congressional Avenue Extension between Violago Subdivision and Tandang Sora Avenue that was vacated by squatters who were relocated by the city government when their houses were burned.
"Director Gatan informed Mayor Belmonte during the meeting that apart from the squatter families, the parcel of land vacated were privately owned lots and there is a need to provide funds for the payment of the road right-of-way.
"DPWH Secretary Florante Soriquez has already recommended to the Department of Budget and Management the allocation of at least P30 million in order to partially pay for the land of the affected property owners. Secretary Soriquez also advised Director Emil Sadain from the DPWH President's Bridge Program Office to immediately proceed with the construction of the bridge across the Pasong Tamo River tributary.
"Mayor Belmonte and Pasong Tamo Barangay Captain Marivic Co-Pilar have likewise identified a relocation site within the vicinity for Pasong Tamo squatter families affected by this road construction. The relocation will start as soon as the site is ready for occupancy....
"More funds, particularly for payment of private lots, are needed and about 1.2 kilometers of road remains to be constructed. Nevertheless, we would like to express our profound gratitude for your continued concern and your unequivocal support in seeing through the completion of this project."
* * *
I bumped into the President’s son, Rep. Mikey Arroyo, and I jokingly asked him if he, like other children of top government officials, is also a member of the "committee on silence" in Congress.
The congressman replied that he may be silent but he has been working and that he takes his job seriously. "I am aware of my responsibilities and I take them seriously," he said. "I am still in the learning stage. I have to admit that I am still hesitant to participate in debates. But I attend sessions and committee hearings to observe and to learn."
He admits that being the son of President Gloria Macapagal-Arroyo and the grandson of President Diosdado Macapagal has made his election as congressman of Pampanga province fairly easy. However, it has made his job difficult because he would be walking in their shadow.
"I don't think I would ever come close to the achievements of my mother and my grandfather," he said, "but you can be sure that I will try my best."
Mikey is a member of the cooperative development committee, the committee on energy, and the public works and highways committee. He has sponsored and co-sponsored three House bills:
• HB 02068, which would create the Department of Housing, Planning and Urban Development to coordinate the activities of the many housing and urban development agencies and to rationalize the housing policies.
• HB 02388, which seeks to encourage the public to give information and evidence against public officials and employees who violate the Anti-Graft and Corrupt Practices Act.
• HB 022896, which seeks to give a 20 percent discount on food purchases to members of the Armed Forces of the Philippines, the Philippine National Police, the Bureau of Jail Management and Penology and the Bureau of Fire Protection.
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