Ex-solicitor general accused of landgrabbing

MANILA, Philippines - The homeowners’ association of Ayala Alabang Village in Muntinlupa City is accusing former solicitor general Frank Chavez of landgrabbing by encroaching on 240 meters of open space behind his house.

In a complaint before the Housing and Land Use Regulatory Board, Zacarias Maribbay, Ayala-Alabang Village Association Inc. acting village manager, said Chavez committed several violations of the AAVA’s deed of restrictions.

Chavez was using the open space behind his lot which is said to be public property, read the complaint, which stated that a gazebo was constructed in the middle of property line at the rear of Chavez’s lot.

The AAVA said Chavez enclosed the easement lot with a hollow block wall, a move that allowed him to “appropriate for himself some 240 square meters of land.”

Chavez denied the allegation, saying the Muntinlupa City Engineer’s Office inspected his property and advised him to put up a retaining wall to prevent the cabana – the shed for his swimming pool – from falling into a creek.

He said there is no way that easement lot will not be covered once the retaining wall has been put up.

 “I have existing neighbors who enclosed the same area but the association did not say anything about it,” he said. “Why are they now picking on me?”

Chavez said concerned local government offices issued him a building permit, construction permit, sanitary permit and occupancy permit.

The AAVA eventually approved the construction plan that he had submitted, he added. Chavez said he is surprised they are coming out with these allegations against him now.

He alleged that someone in the AAVA could be instigating the filing of charges to get back at him for something he may have done while in government service.

HLURB asked to demolish cabana, wall

The AAVA is asking the HLURB to order Chavez to correct his violations of the AAVA deed of restrictions.

“The HLURB sheriff or police or any lawful authority should also remove and demolish the cabana or gazebo, concrete wall and other structures constructed by the respondent beyond his property line, all at his cost and expense,” read the complaint.

Chavez should also pay at least P1 million in exemplary damages, P2 million in attorney’s fees, and P100,000 to cover other expenses of litigation, the AAVA said.

Maribbay said the construction of the improvements were without prior permit and approval from the AAVA.

The complaint said Chavez submitted to AAVA the plans for the construction of his house for its review and evaluation to ensure that the planned construction complied with the deed of restrictions.

However, the AAVA found the plans to have certain items or parts that did not conform to or were in violation of the deed of restrictions.

The AAVA advised Chavez to revise or correct the plans, but Chavez reportedly defied the association and proceeded with the construction of his house.

The AAVA said it was compelled to order Chavez to stop all construction work and to coordinate with the association, but Chavez reportedly brushed aside the AAVA’s work stoppage order.