Lawmakers and officials of the Muntinlupa City government have urged the Bureau of Corrections (BuCor) headed by Usec. Gerald Bantag, director general, to tear down a wall it built on a road leading to a government housing project inside the New Bilibid Prison (NBP) in the city.
The House of Committee on Justice led by Chairperson and Leyte 3rd District Rep. Vicente “Ching” Veloso held an online public hearing Wednesday about the wall that BuCor erected on Insular Prison Road in NBP in March, preventing residents of the Southville 3 housing project from going to the Muntinlupa City proper.
Veloso, a former Court of Appeals justice, warned that if BuCor fails to dismantle the wall, its officials may face a case before the Office of the Ombudsman and Sandiganbayan for violation of Section E of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
Under Section E, BuCor may be held responsible for “causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.”
Veloso added, “I urge Usec. Bantag, unless you tell the committee that you will be around until 50 years more, to fix it in light with the plea of the people there. Please act on it. In the matter of legislation ... we will be correcting what is to be corrected in that BuCor law. Again, please fix it to avoid any harm. Please tear it down.”
Veloso also cited the provision on acquiring ownership of land through prescription under the Civil Code.
Muntinlupa Majority Floor Leader Raul Corro, who is a lawyer, explained that “prescription under the law is one of the modes of acquiring ownership of a land or road or any piece of real property by the passage of time.”
“Since the Insular Road has been used for many years now by the residents of Southville 3 and its maintenance is funded by the General Appropriations Act passed by Congress making it a national road and Bucor has not claimed ownership over the same in the years that passed, it is now stopped or prohibited from claiming that it is owned by Bucor,” he said.
Muntinlupa Rep. Ruffy Biazon said he is glad that Veloso had the same view that what BuCor did in constructing a wall to block Insular Road was against the law.
“His conclusion is aligned with ours, and the other resource persons confirmed the non-coordination by the BuCor. I call on Director Bantag to do what is right and tear down that wall,” said Biazon.
Mayor Jaime Fresnedi, Biazon and Corro said that BuCor did not coordinate and consult the city government about the construction of the wall on Insular Prison Road, which is against the law.
During the hearing, Bantag said as early as January, BuCor sent a letter to the city government regarding the road closure.
“Our concern is the residents. They live in the BuCor reservation, or BuCor land, but they are informal settlers, or what we used to call as squatters. They said they have been passing through for a long time. That is why the illegal drug trade can be compared to what they are doing, which is wrong,” he said.
Bantag added, “If we will allow these residents who are considered as informal settlers, squatters, then I should be allowed to build a house in Camp Aguinaldo, Camp Crame. I will also pass through their road but will they allow me?”
He said he requested the Department of Public Works and Highways to build another road away from the NBP maximum security compound perimeter wall but did not act on it.
The BuCor previously said illegal items were being thrown over the prison wall by private individuals passing through the road near the maximum security compound.
The Southville 3 housing project was built by the national government for Muntinlupa residents who previously lived along railroad tracks of the Philippine National Railways (PNR).
Mayor Fresnedi refuted Bantag's claim that Bucor coordinated with the city government regarding the road closure.