Mayor Binay abused authority in Banyan gate?

This is a reaction to the news article “Senator Binay takes up the cudgels for brother” (Front Page, 12/22/13). The report says: “Village security rules require the closing of the gate on Banyan road to outgoing traffic after 10 p.m. Residents and guests should take the Palm Avenue gate, 150 meters away from the Banyan gate.”

Does the Dasmariñas Village Association have the right to regulate the use of the gate on Banyan road?

Section 49 of Board Resolution No. 877, Series of 2011 of the Housing And Land Use Regulatory Board  (Implementing Rules and Regulations of Republic Act No. 9904 which is also known as the Magna Carta for Homeowners and Homeowners’ Association) states that one of the homeowners’ rights and powers is to “regulate access to, or passage through the subdivision/village roads for purposes of preserving privacy, tranquility, internal security, safety and traffic order: Provided, that: (1) public consultations are held; (2) existing laws and regulations are met; (3) the authority of the concerned agencies or units are obtained; and (4) the appropriate and necessary memoranda of agreement are executed among the concerned parties.”

On this premise, I raise the following questions: (1) Did the homeowners’ association conduct public hearing in the past relative to the regulated use of Banyan road? Was the hearing done with the participation of the concerned barangay council and the city government of Makati? (2) Who is the registered owner of the road lot? If it is the Makati government, then the road in question is by nature for public use, and the access to that road by individuals (including Makati Mayor Junjun Binay) other than the residents of the subdivision cannot be curtailed; and did the city government delegate its right to regulate the use of that road lot to the homeowners’ association?

On the closure of roads owned by a local government unit, Section 21 of RA 7160 (Local Government Code of 1991) says: “A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction…”

Finally, did Mayor Binay abuse his authority when he and his party passed through the Banyan gate, allegedly in violation of the traffic rules of the homeowners’ association? I opine that this can only be resolved after all the issues I raised are satisfactorily answered. Did the mayor and companions at that unfortunate encounter with the security guards of the homeowners’ association show arrogance when they allegedly cocked their firearms as if they were ready to hurt or kill anybody? That too, I believe, can be answered by the result of a thorough inquiry by an impartial and objective fact-finding body.

—REGINALD B. TAMAYO,

assistant city council secretary,

Marikina City