Court junks petition of Fort Boni claimants

The Makati City Regional Trial Court dismissed recently the petition of two groups that were contesting the legality of the sale by the government of a portion of Fort Bonifacio to a private group led by the Metro Pacific consortium.

The court dismissed for lack of merit the case filed against the Bases Conversion Development Authority (BCDA) by the heirs of the late Don Hermogenes Rodriguez and the Federation of Military and Civilian Residents (FOMCRES) led by Juanito Dela Cruz.

BCDA was created in 1992 by Republic Act 7227 and is tasked to turn former US and Philippine military bases into centers for global commerce, tourism, investment generation and tourism.

In a petition filed before branch 145 of the Makati RTC last March 15, 1997, the petitioners claimed that Don Hermogenes Rodriguez is the registered and rightful owner of Fort Bonifacio based on the existence of "Titulo de Propriedad de Terenos" or a Spanish Title issued by the Spanish colonial government in 1891.

Judge Oscar Pimental ruled in his decision, however, that by virtue of Presidential Decree 892, a Spanish title can no longer be used as evidence of land ownership.

The court also junked the petitioners claim to declare as unconstitutional certain provisions of Republic Act 7227.

"The court could not find any legal ground to declare any portion of the said law as unconstitutional," Pimental said.

President Estrada last year directed the BCDA to clear Fort Bonifacio of illegal occupants to pave the way for the full development of the Global City.