Disposal of Fujimi property is against the law
by Rey O. Arcilla
‘It is against the Constitution, an order of Ms. Arroyo and PD 260, as amended by PD 1505.’
SOME people obviously close to the Arroyo regime seem to be in a rush to dispose of government properties, even to the extent of breaking the law.
One such property is the 5,219.55- sqm. Fujimi lot in the heart of Tokyo where the Philippine ambassador’s residence is located.
According to an official of the Department of Finance, the winning bidder to develop the property and the consequent demolition of the historical ambassador’s residence is scheduled to be announced on December 2.
Finance Undersecretary Estela Sales said that unless the government or its authorized selling agent, the Department of Finance, is legally restrained from proceeding with the project, it will have no recourse but to continue with the project.
“But there are no such restraints,” she added
I have news for Ms. Sales.
Section 5 of PD 260, as amended by PD 1505 of 11 June 1978, states:
“It is unlawful for any person to modify, alter, repair or destroy the original features of any national shrine, monument, landmark and other important historic edifices declared and classified by the National Historical Institute as such without the prior written permission from the chairman of said Institute. Any person who shall violate this Decree shall, upon conviction, be punished by imprisonment for not less than one year nor more than five years or a fine of not less than one thousand pesos nor more than ten thousand pesos or both, at the discretion of the court or tribunal concerned.”
That’s one legal restraint. There’s more.
Quoted below are excerpts from the letter dated 6 May 2009 of Executive Secretary Eduardo Ermita addressed to Ambassador Alfonso Yuchengco and Ambassador Jose Macario Laurel IV, chairman and president, respectively, of the Philippine Ambassadors Foundation, Inc. (PAFI):
“This pertains to your letter dated 21 April 2009 requesting for a meeting with the undersigned to verify the status of the letter of the Philippine Ambassadors Foundation, Inc. (PAFI) to H. E. The President dated 10 June 2008 expressing reservation to the proposed demolition of the historic Embassy Residence at Fujimi, Chiyoda-ku, Tokyo, Japan.
“Please be informed that the proposed demolition of the said Embassy Residence has been set on hold by order of President Gloria Macapagal-Arroyo. We are not expecting any demolition and/or alteration on said valuable piece of property that reflects the historic past and heritage of our country and people in the near future specifically during the term of President Arroyo.”
That’s another legal restraint, unless Ms. Sales and her boss Secretary Margarito Teves do not consider an “order of President Gloria Macapagal-Arroyo” as such.
For the further information of Sales and Teves, the Fujimi property which is near the Imperial Palace was bought during the time of the late President Jose P. Laurel in 1944 from Baron Zenjiro Yasuda, grandfather of Yoko Ono Lennon who spent her childhood there. It has since served as the residence of the Philippine envoy to Japan.
On 9 March 1952, the Philippines Historical Committee, precursor of the National Historical Institute, inaugurated and installed a historical marker which reads: “Embassy of the Philippines, Tokyo… This building, dating from the Tokugawa Shogunate, was purchased for the Philippines on 21 March 1944 by President Jose P. Laurel of the Second Philippine Republic.”
National Historical Institute chairman Ambeth Ocampo wrote on 20 October 2009 a letter to Ms. Arroyo, excerpts of which follow:
“We express support for the call of the PAFI to stop the planned auction of the Philippine Government’s Fujimi property in Tokyo, Japan.
“It is considered a classified structure under the Registry of Historic Sights and Structures being maintained by the NHI. With its category as such, it is a historical sight and, therefore, we believe that it should be preserved as part of the country’s heritage and patrimony, as provided in the Constitution. We appeal to Her Excellency to act within the powers of her office to save what is considered as ‘the most beautiful ambassador’s residence in the world’ from destruction.”
“…it should be preserved as part of the country’s heritage and patrimony, as provided in the Constitution.”
Can there possibly be a more powerful legal restraint?
I think Secretary Ermita should take it upon himself to properly advise Sales and Teves to comply with the law and remind them of their boss’ order.
Incidentally, the Senate recently adupted Resolution No. 1414 directing the Senate Committee on Foreign Relations “to conduct an investigation, in aid of legislation into the alleged proposed demolition of the Philippine Ambassadors residence in Fujimi.”
Paging Senator Miriam Defensor-Santiago.
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Ordinarily, one would think it should be future ex-Foreign Secretary Alberto Romulo who should pick up the cudgels for the PAFI.
However, one of the PAFI directors told me that Romulo has done nothing about the matter. The PAFI officers have also been requesting for an audience with Romulo. Until now, he has not granted their request.
I am also informed that one of Ms. Arroyo’s closest advisers told a PAFI director that Romulo “is the one in charge of that”.
And he has done nothing about it? Makes you wonder why.
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Last Friday marked the 50th death anniversary of the late President Jose Paciano Laurel. A forum was held at the Lyceum of the Philippines University (LPU) to commemorate the occasion.
In remarks delivered at the forum, LPU President Roberto “Bobby” Laurel, grandson of the late president, said:
“Less than six months into Election Day, the decibel of political noise has risen. And once again, there is that disquieting dissonance between promise and performance… a clash between campaign rhetoric and evident behavior of those who dare seek our mandate.”
Bobby said that as voters, “we must… examine those who seek public office with a critical, even cold-hearted, eye.”
“I propose that we turn to the past for guidance. Because long before ‘good governance’ became the buzzwords they are today, we actually had men and women who practice good governance faithfully and without fanfare. Jose P. Laurel was one of them. The President of the Second Republic personified a leadership that was upright, principled and, above all, genuinely nationalistic,” he added.
Bobby then named the qualities of his grandfather we should expect or even demand from those who ask for our votes: first, he came prepared for the job; second, he was consistent in his principles and beliefs; and third, he had the courage to walk his talk.
Who can argue with those?
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Last week, I asked US President Barack Hussein Obama in this space when he would replace Ambassador Kristie Kenney.
By sheer coincidence, Obama named shortly thereafter Harry K. Thomas Jr. as Kenney’s replacement.
In welcoming Ambassador Thomas, we express the hope that he will not be the meddler in our domestic affairs that Kenney was. Of course, it is up to our leaders to see to it that he doesn’t become one.
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Warm congratulations to Efren Penaflorida for having won the CNN Hero of the Year Award.
Penaflorida started a “pushcart classroom” to bring education to poor children as an alternative to gang membership.
Upon receiving his award, Penaflorida said: “Our planet is filled with heroes, young and old, rich and poor, man, woman of different colors, shapes and sizes. We are one great tapestry. Each person has a hidden hero within. You just have to look inside you and search it in your heart, and be the hero to the next one in need.”
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There are 218 days left before the end on 30 June 2010 of the stolen presidency of Ms. Arroyo, courtesy of “Garci”, et al.
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Today is the 203rd day of the third year of Jonas Burgos’ disappearance.
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Email: roacrosshairs@yahoo.com