Retired Navy, Marine enlisted personnel ask court to stop eviction

More than 100 retired Navy and Marine enlisted personnel have asked the Makati City regional trial court to stop the Philippine Navy from evicting them from their quarters at the Fort Bonifacio Naval Station in Taguig City.

Members of the Navy Enlisted Homeowners Association Inc. (NEHAI) have filed a motion for intervention before the court of Judge Felix Nemesio seeking to be placed under the protective mantle of the preliminary injunction he issued against the Navy last May 19.

In a motion last May 16, the NEHAI asked the court to make them a party to the seven-year-old case filed by retired Chief Petty Officers Magdaleno Peralta, Romeo Estallo and Ernesto Raquinon; retired Marine Master Sergeants Salvador Ragat, Domingo Malacat and Constantino Canonigo; and one Amelia Mangubat.

Last May 19, Nemesio issued a preliminary injunction against Navy authorities, particularly Capt. Rufo Villanueva, Bonifacio Naval Station commander, barring them from evicting the retired Navy and Marine officers, and a widow of a retired Navy officer from their quarters.

The hearing for the motion for intervention was supposed to be heard last May 26, but it was postponed to a date yet to be determined.

If the motion for intervention is granted, NEHAI members will benefit from any court decision on the main case, which was filed in 1999.

The court ruled in favor of the retired Navy and Marine officers who argued that any move to evict them would violate Republic Act 7279, the Urban Development and Housing Act of 1992.

"Indeed the right of the public defendant in attempting or procuring to be done the act of eviction without any court order to speak of and thus, such act is probably in violation of their rights as applicants," read the decision.

A preliminary injunction is in effect until the court issues a decision on the case subject of the order.

Meanwhile, Navy spokesman Capt. Geronimo Malabanan said the Navy has served eviction notices to 115 enlisted personnel who have been overstaying at the Married Enlisted Quarters at Bonifacio Naval Station.

They have been given seven days to leave after receiving the notice, he added.

Malabanan said in a resolution signed on May 24, 2006, Rear Adm. Abraham Abesamis, Navy Vice Commander and Navy Housing Board chairman, said unauthorized personnel have deprived enlisted personnel in the active service of their housing privileges.

The MEQ has a total of 225 housing units intended for the Navy’s active enlisted personnel, he added.

Malabanan said at present, there are 103 active personnel and 122 units are listed under the names of retired personnel, seven of whom are members of the Coast Guard, while eight are deceased.

However, only 115 were served eviction notices as the seven overstaying personnel have earlier obtained a court injunction, he added.

Malabanan said NEHAI members have violated their contracts of occupancy which do not grant retired personnel lifetime entitlement to the quarters, but ends when they retire from the active military service.