FEUD. Timog Park residents are closely watched by armed security guards as they gather in front of the homeowners’ office in Angeles City on Saturday.
Mary Ann Paragas (inset photo) lost consciousness after finding that some 500 booklets of official association receipts allegedly stolen. Photos by Joey Pavia
ANGELES CITY – Tension gripped a subdivision here as two homeowner associations tried to take control of their community over the weekend as residents, including two Americans, nearly came into blows even in the presence of armed security guards.
Commercial airline pilot Capt. Pancho Coronel, president of the 2011 Timog Park Homes Homeowners, seized control of the subdivision in Barangay Pampang on Saturday.
This after property developer Hausland Development Corp. represented by Atty. Ryan Tan had instructed the RMG Security Agency to recognize Coronel’s group as legitimate interim association.
Coronel said they had filed complaint before the Barangay Pampang Lupon against the 2012 homeowners group led by its president, Robert Lewallen and his fellow American board member Mike Shane, in connection with alleged disappearance of at least 500 booklets of official receipts.
Mary Ann Paragas, clerk assigned to monitor the booklets and associate of Coronel, lost consciousness after seeing the association office ransacked after Tan had allowed them to open the padlocked office with the presence of Pampang Lupon officials.
“We can’t allow undeserving Americans to rule us and worst, they are not doing what is right and they start the chaos at the expense of Filipino residents,” said the group led by Coronel and Alfredo Bunye III, corporate secretary of the 2011 association.
Tension started on December 29 when the RMG security led by Mer Gundra disarmed security guards of Golden Fort manning the subdivision. The RMG then took over the subdivision which was opened by Hausland in 2004.
Golden fort had been hired by the 2011 homeowners association.
LEGAL DISPUTE
On December 3, the association members led by Lewallen held an election for the new set of officers for 2012.
They pushed through with the elections despite the board resolution penned by the 2011 association officials asking the Housing and Land Use Regulatory Board (HLURB) to suspend the election.
“Relative to your board resolution moving the dates of the general assembly (GA) and election of your association, please be informed that this Office finds no merit in the reasons you mentioned. General assembly and election are annual activities of your association so there is a need to plan ahead to avoid delays.
Likewise, delaying the election amount to non-compliance to the provisions of the by-laws and reflects upon the fitness of the officials to abide by the character of the association,” said HLURB regional officer Octavio Canta in response to the board resolution-letter of Coronel asking the government office to stop the election.
“Furthermore, the date of the general assembly and election must not depend on the availability or schedule of homeowners/board of directors/officers but on the provisions stated in the by-laws,” Canta said.
On December 29, HLURB officer-in-charge Atty. Dunstan San Vicente wrote Lewallen informing him that “we (HLURB) cannot formally sanction and/or recognize the result of the election you (Lewallen) conducted last December 3.”
But in the same letter, San Vicente’s last paragraph reportedly gave “different opinion and interpretation” from both groups, residents said.
“This advise, however, does not preclude you from immediately formalizing a petition that you be declared as the duly-elected or qualified directors or officers of the association for the current year, if you are convinced that the law and evidence works in your favor, in order that this Office may exercise its jurisdiction to hear and decide your case under RA 9904 and other related rules and regulations as well as order the enforcement of its judgment,” said San Vicente.
Lewallen and Shane stressed to Coronel and Tan that “we will only seize if we get a clear order from the HLURB.” They declined to comment further on the various accusations hurled by Coronel’s group.
“I only say this assembly right now (Saturday) is illegal as you need at least five days to inform the residents before gathering,” said Lewallen to reporters after asking to comment on the assembly of group symphahtetic of the 2011 association.
INTERNAL MATTER
In an interview on Monday, Mayor Edgardo “Ed” Pamintuan said “I am aware of what’s happening at Timog Park and that’s an internal issue.” He stressed that he will take actions based on the order of the HLURB regardless of which group will “gain or suffer.”
Tan disclosed that Timog Park – where there are at least 642 housing units sitting on a nine-hectare area – “is still in the process of being turned over” to the Local Government Unit. He added that under the law, the Angeles City government could turn over the public property of Timog Park such as roads, open spaces, clubhouse and parks to the homeowners association.
Atty. Tan, son of Hausland’s Willy Tan, said they will not interfere with the internal problem among the association members but with matters about their properties.
Atty. Tan said he had decided to recognize Coronel’s group based on the letter of San Vicente on December. He added that under the law, the subdivision could not be left without a “sitting homeowners group.”
“We can’t leave a vacuum,” Atty. Tan said.
He asked both groups of Lewallen and Coronel to immediately set the elections “at least within two months.”
Atty. Tan said he had decided to retain the RMG security firm because “I am familiar with them and they have loyalty to Hausland.”
He said RMG is manning at least four subdivisions in Pampanga and Angeles City developed by Hausland.
Tan said he will allow the “next elected set of officers” to chose their security group. He stressed that the RMG “will take the orders from him until after the elections.”
