Philippine Institute of Civil Engineers, Inc. - Lungsod ng Maynila (PICE-LNM) Chapter  Unit 816 Future Point Plaza 1 Condominium 112 Panay Ave., South Triangle, QC 1103 Telefax (+632) 376-7969

winston:

July 12, 2010
Melvin Balagot,
Dont confess to some people from the archdiocese of Manila. They cannot lie when sworn in front of the HOLY BIBLE. What you told them was it’s who’s fault that created this problem and that she is wrong and it’s left for you to solve it. It’s the same as what you told me. Next time use your head and dont confess to someone who cannot lie. Someone working for the Roman Catholic Church.

winston:

July 12, 2010,
Flordeliza, Debbie, Alampay, You are the cause and point lady in my nearly 7 years problem. You really got no shame in yourself as a government employee. At , At least try to leave a little to your daughters . Why did you do it ? You’re smart enough that You may think I am a fool. All my legal papers were submiited to you nut all you dont take into account, You just to side with my neighbor even though you know he is wrong. What made you SELL OUT our right to Life ? As I told you , its live and let live, why put harm to us ? I dont care if my neighboe building is 10 story high for a building permit that is for a warehouse , which was illegal based on city zoning in the first place.?
How come you signed out the occupancy certificate WITHOUT with for DENR ( another agency survey in which all of you sought ? Now you want me to just bear it, what if untoward things happened because you exempt him from the building code, why the city of Manila guarantee our safety. You’re all inhuman to our plight. Some of you dont deserve to be in government service. Some of you should be ashame of our new president who try his best to follow the rule of law. Even ruler are rule by law, why exempt one guy.

winston:

some of this guys have perfected the art of making something totally illegal and contrast to the building code into something legal. I hope no monetary considerations were involve and this is what I believe it to be. Honorable men and lady.
When does an illegal act becomes legal.
We stick to the official Manila City Hall position paper dated Dec 6, 2004 which states that our inner public road does not connect to the main road and that if the subdivision is before 1977 ( enactment of the Philippine National building code, The road , if any, is not subject to widening. This theoretically 2 blocks were made. If you pass through one then there is another. Quite clever. These guys dont know what is a definition of a road and cannot and will not answer no that what I know a road should have an entrance / ingres. The second point I tried explaining is the national building code is effective upon signing into law and not the other way around and since my neighbor building plan is dated 2004. it is covered. They dont want to read nor hear my arguments.
I had submitted to them my in 2004 my neighbor back track land title to prove my case, a official certifite copy of the government survey plan that is also available in their office in 2004, Public Works findings and recommendations, Manila City assessors office certification all in early 2005 and even a letter from Engr Disu telling my neighbor to stop construction of this warehouse ( Now I got Melvin hook on his mouth , Warehouse is strictly prohibited on a institutional zoning area ) on the contested street.
I got also and submitted to them the finding of the inspector , Engr Espiritu, that my neighbor occupying a public street is illegal, Poor fellow, he was reassigned for telling the truth. You know engr Alampay, you sly girl, You even disregard you own signed Line and grade with actual occular inspection also by your personnel. You all and my neighbor also disregard his own geodetic engineer, engr Garcia findings. By the way Ebgr Andres, the issuance of the occupancy certificate to my neighbor is illegal because your office requested from DENR, ( another Government agency who does surveying ) you should have waited for the results due to inter government agency courtesy.
Now Melvin Balagot has the guts to say that my neighbor building permit is LEGAL ? This means me stupid and you clever.
I tell you all screw mw left , screw me right, up or down and I am still legally right. The sad thing is all of you are in position to make a block. I told you I will not stop till justice is rendered to me even it took me now almost 7 years. If I can only say bad words in your face.
You know what you are saying that my neighbor papersare legal, legal is my ass hole is big.
Remember what Director Cuntapay, you boss says in his findings, I am correct and a warehouse there is illegal and that your office should from time to time keep his office posted before issuance of an occupancy certificate. Did you do it ?
Again, it is unfair for you to bring up a new reasoning now in 2010. Unfair to us, we stick to Manila position paper.
I still remember Disu, Debbie Alampay , Andres laughing when the former mayor was scolding me without knowing the facts.
I think i will have the last laugh after all

winston:

I dont know if Melvin Balagot is really a master degree holder or not. a nut is somewhat missing somewhere ( from me ). Imagining that my neighbor can exclude the provisions of the Philippine national building code because the Manila City Government has not yet expropriated the LEGAL SETBACK. WOW, How many legal setback since time immemorial did the Manila City Government did WITHOUT paying a single cent. NOW with his letter the City government can be sued because they were force to follow the Building code. I magine a master degree holder that does not know how to distinguish between a law on building structure and land. From what school did he graduated from. Please dont enroll there. Again all the provisions on building and setbacks are provisions coming from the Manila City ordinances which were incorporated in the National building code, these provisions are tested and won in many supreme court decisions. I dont know how come he should have study law if he like, like me , to be a LAWYER. Ha ha ha.
The Beatle song I like is HE JUDE. ( from my idol Judas Iscariot )
Grade school stuff for Mr Balagot. SEE the is a word BUILDING in the title National Building Code. Will I give you a binocular to see . Please discuss with ENGR MACAPUGAY.

NOW - EVERYBODY BASED ON SOMEONE LETTER WRITING WITHOUT THINKING, ARE EXEMPTED FROM THE RULES AND REGULATIONS OF THE PHILIPPINE NATIONAL BUILDING CODE

winston:

On the lighter side ,I am old now. During my younger days , some call it hay days, my favorite musical bands are the Lettermen and ABBA. The song I like the most is Money, money, money in a rich man’s world.
My idol is Judas Iscariot who sold out Jesus life for a few pieces of silver. That’s my kind of Hero

winston:

maybe another make believe example.
Engr Flodeliza Alamapay, Engr Melvin Balagot, Engr Armando Andres, Engr Saturnino Disu, Engr Edgar Soriano,
Let us put any one of the above family inside the very narrow dead end street. ( before these guys says there is no exit / entrance ). Then let us burn the 2 houses in front, then let’s smell the aroma of roasting flesh. Then i will sing merry christmas to those being barbecued alive. This is what they want with us.

winston:

I will give an analogy to my problem.
Like all parents, they will defend the lives of their offsprings if such are put in harms way.
Example , to all the engineers concerns, Engr Alamapy or Melvin Balagot, you all have kids . What if you know someone intention is so willing to put your children in harms way, will you defend it with all of what you can ? This is what I am doing. Like all forms of animals, they will defend and protect their youngs even up the parents sacrificing their lives .
Who are putting my family in harms way ? YOU.
Do I have the right to defend with all I can ? YES .
If it is turned the other way around, will you be angry at me ? YES.
That’s survival instinct that I am feeling !

CAN YOU BLAME ME ! NO

winston:

This is for Engr Flodeliza Alampay and Engr Melvin Balagot,
Please understand that dismissal is the penalty for issuance of an occupancy certificate based on none fulfillment of ALL of the requirements of the National building code. Engr Alfredo Macapugay of Quezon City Building official was dismissed based on newspaper account and command resposibility. I dont want you to loss your job. I am of the belief of the saying live and let live, But if you want to shove then I have to defend our right to life based on a basic universal human right. Please also remember especially engr Balagot of Manila building official, you are working for the Manila city government and as such should know the basic ordinances that are related to it. You’re smart and holder of a master degree but I totally lost respect for people like you. Do you know how come there should be no obstruction for a legal minimum road and sidewalk width. Please read the Building code carefully ok. and second, there was a test supreme court case during the late Mayor lacson time involving my uncle and the city of Manila represented by the city engineering office and penned by the late supreme court justice Cecilia Munoz Palma. It was a requirement then by the City of Manila that the road which is part of the street be at a minimum of 3 meters and NO obstruction be made up to the sky and not even temporary obstruction can be made. I dont know where you Engr Melvin Balagot is working in, Is it Manila ? You know some stupid lady then from then Survey and Drafting Division allowed a 4 story building be built on the said road. Do you think she should be imprison for going against a Philippine supreme court ruling ? Ha Ha Ha. So much dirt to laundry.

winston:

Engr Melvin Balagot, engr
Edgar Soriano.
Remember the occupancy permit that was quickly issued out to my neighbor ? what you say was it can not be cancelled due to bla bla bla. I saw in the newspaper about the crackdown of the different dormitories in the City of manila. Guess what , you cancel 6 ( six ) occupancy permit based on the different violations of the building code and city ordinances. Guess what also your people report is the my neighbor violated also the building code. It should be sauce for the gander should also be the sauce of the goose. Ha ha ha. You both think I am stupid. you did not apply the law evenly . Remember your boss , our good mayor Lim’s motto- The law applies to all otherwise none to all. Remember our good mayor is part of our president Aquino theme. whats the motto again of the president. NO CROOKS in government. What did the president say again. I am YOUR BOSS and you shall serve me right. Your are mandated to fulfill what is written in the National building code. No more no less and dont be a lawyer if you are not one.
Engr Armando Andres, you wrote me in mid 2005 that your refer the whole problem to DENR for resolution. Right ? you wrote me in late 2005 that DENR ( another government agency in charge of surveys ) to wait. right ? The letter I receive late JAN 3006. 2 days after an occupancy certificate was issued to my neighbor ? Why the rush when by due courtesy you should wait for DENR final report. You Know Ha ha ha. the final report of DENR was only issued April 2010. again april 2010. Can I File a legal case against you. just asking only. Ha Ha ha. You said you campaign for President Aquino, thn do as what he want. NO CORRUPTION.
Again, my neighbor occupancy certificate date jAN 26, 2006 has a annotation the my neighbor should submit within 60 days the FINAL DENR FINDINGS. You have crystal ball to know that the final report is favoring my neighbor. Please share it with me so that I can be rich without working. Ha ha
ha
Many times did I tell all of you, tHE ONLY REQUEST IS TRUTH TO BE EXPOSED. NO COVER_UPs. For more than 6 years I made my own research on my problem. I ask 2 former justices of the court, 2 lawyers and 1 former judge. I present the facts, they say I am 100 % right. Engr Andres, you still remember our mutual friend lawyer who we discuss in your Manila City hall office ? You still remember during the meeting you were the one who provided me the 1st city legal opinion that was kept secret by the building official.

winston:

today July 2, 2010. These manila City Hall Building official like Melvin Balagot still insist that my neighbor is temporarily exempt from the Philippine building code until the time the government needs and required my neighbor to do so. Engr Balagot cide a philippine law but would not show it to me. These people like engr Flordeliza Alampay have a very bad habit of making their own laws even without legislative power (May I suggest Engr Melvin Balagot, Engr Armando Andres and Engr Flordeliza Alampay run for congress since they like crafting laws). They are callous and without governance and it’s a shame they would not follow Our new Philippine president agenda on no CORRUPTION.
The Philippine national building code in which Engr Melvin Balagot had sweared to execute states that only indigeneous bulding costing less than US dollar 350 is exempt from this law therefore my neighbor warehouse structure is NOT EXEMPTED and should NEVER BE EXEMPTED. ENGR MELVIN BALAGOT JOB IS PURELY MINISTERIAL and not discretionary as defined by a Philippine supreme court ruling. Try Avoiding these people at all COST.
As my united states

sister had worked for Chicago public health says, If in the States these people would have been behind bars.
The Manila City Legal had twice spoken on this issue with the first legal opinion Engr Melvin Balagot kept secret from me so that I won’t know but I was able after 3 months of its issuance obtain a copy from people within the building offical office who symphatized with my plight.
I really DO NOT KNOW HOW TO FORCE THESE GUYS TO DO WHAT IS LEGALLY RIGHT. I am very desperate because the problem has benn there since 2004.
There is also a code of ethics for civil engineers that pledge to put no lives in harms way. For those who doesn’t put importance to other people lives who are now working for Manila office of the building official and the city Engineering office, may bad Karma be with them

winston:

today, June 1, 2010. Time that my hardship began was August 2004.
nothing concerning my case is moving. These people are still sitting on it. Engineer Balagot and engr Soriano knows what is legally right and had not made any move as to correct an intentional error done by engineer Flodeliza Alampay and Engr Saturnino Disu formerly Manila city Hall survey and drafting chief and the former Building official respectively. How long should I wait , what other self obstacles for its rightful implementation will the present people from the office of the building official make to stop itself from the implementation . Why may i ask ? What does the other party have that i dont for them even to defy the legal order of the legal opinion of manila City legal Department and the office of the mayor.
How Can i tell my children and even the younger generation that what is legally right can be defined as wrong, nothing of that sort is being taught in school. That our lives are totally worthless in these people’s eyes. The more I think of it the more hatred my feeling are towards these people especially to engr Flordeliza Alampay for she even with the presentation of facts and legal jurisprudences totally ignore our plight.Even when she and engr Disu made and actual occular inspection. What does the law says , If we inner lots owner does not have a road right of way, the Government is duty bound to provide us one. What I am asking for is my RIGHT to LIFE nothing more nothing less.
I cannot imagine that a firewall are with windows and doors and to make it look right allowed my neighbor plyboard to cover it up temporarily. I cannot imagine a 4 year old temporary certificate is defined as temporary even by law. I cannot imagine an occupancy certificate can be issued without satisfying all requirement of the philippine national building code.It’s one month away maybe i should wait for the NEW ombudsman. I do believe in bad omen and karma for those who knowingly puts other people lives in jeopardy. Am i right , engineer Andres ?

winston:

To all that are not doing the lawful ministerial work as assigned in the Manila Office of the Building Official.- Quote from Edmund Burke ” all that is necessay for the triumpt of evil is that good men do nothing “. What are you there waiting for- manna from heaven ? Even if the previous occupant of your office, and that of the survey and drafting division INTENTIONALLY did a legally wrong ( they thought I am dumb ) for whatever reasons they only knew ( if you are an ordinary citizen, these people will take you for a ride ), it is also for you all to make it legally right as present occupants of the said officies. Most of you are certified civil engineers and members / officers of a reputable professional organization and are PUBLIC OFFICIALS . Please remember your swear oath on the Code and conduct of a public officials that you will uphold the laws of this land . To play god with other people lives is not MORALLY right. Your superiors from the Manila city Legal office and that of our good mayor had spoken already , Why still the delay in its lawful implimentation ?
As you all have occupied the said office, you , all , are mandated to perform a MINISTERIAL DUTY with sets of rules to follow. You CAN NOT go beyond these sets of rules and the law does not allow you to. Again, the equal treatment of the law- exempt my neighbor from the National building code and giving him a certificate of occupancy even without fulfillment of this code, the same should also be accorded to others and thus we throw out of the windows the law which created this code. We might as well create a “republic of the Office of the Manila building official “. hehehe !
My case had been dragging since August of 2004 with all sort of obstacles being put up by this officials. I am old and I hope this problem does not outlive me.
For those who still doesn’t want to move the keep dragging the solution to this problem, I do believe in BAD KARMA. In other countries like US , Canada or europe, these people are already behind cold bars.

winston:

please remember that any exemptions to the National building code or what other laws that you as building official of the city of Manila and engineer Soriano ( makes me think of my favorite singer by the same surname religious singer Fatima Soriano, I hope you try to hear her music and its lyrics and try to meditate on what you’re doing to us ) will be thinking of providing to the other party as reason/s should also apply to the past, present and future similar cases to that of ours. That’s the law on equal protection ( no exemptions ). Hope you don’t try to SIT on it toooooo looong. You’re decision will affect the QUALITY of lives leaving inside the said PUBLIC street. again Salus populi suprema est lex.
Again , the police power of the state applies ,
If our neighbor will not follow the Philippine National Building Code, THIS IS PHILIPPINE LAW. Either the occupancy certificate / building permit should be revoke.
DURA LEX SED LEX

winston:

Melvin Q. Balagot , Edgar Soriano, Saturnino Disu, Flordeliza Alampay
,
all my documents I have on hand speaks for itselves. These are government certified documents, many of which I still have not mentioned. I dont understand why these people are still in government service.

What these Manila City Hall people have is ” WHAT WE WANT IS RIGHT EVEN IF WE DONT HAVE ANY LEGAL BASIS FOR IT.
You, Winston, can not do anything about it.
. WHAT ARE WE IN POWER FOR . WE INTERPRET THE LAW AS WHAT WE WANT IT TO BE. THAT’S WHY 6 YEARS COMPLAINING TO THEM AND DRYING UP MY SALIVA. These guys wasted 6 years on my fruitful years since they know what is right and legal from the very start.
dear readers maybe you know why more than I do on the reason why ! I am too naive.

winston:

Questions I wrote the now Building Offical dated November 26, 2009 but as of today Febuary 3, 2010 still left unanswered .
1. What laws did Engr Flordeliza Alampay ( former Manila Survey and Drafting Head ) invoke to give out exemptions not provided in the Building Code ?
2. Is Engr Flordeliza Alampay vested with power to” LEGISLATE ” laws providing for such exemptions to Philippine law without Philippine congressional approval ?
3. Has Manila City building official in the past issued or enforced road widening including sidewalks to any other parties ?
4. Please confirm if you fully comprehend sec 801 of the National building code, Article 673 of the Philippine Civil code and cadastral act 2259 , implementing rules and regulations.
5.Please comment the 2004 official report to the Manila Office of the Building Official by your superior , National Building Code Development Office ( NCBDO) , quote ” It is observed that the building is designed as a warehouse BUT MADE IT TO APPEAR AS RESIDENTIAL / COMMERCIAL BUILDING so that the requirements persuant to the fire code of that Philippines will not be required ”
6.Why did the Survey and Drafting Division issued 2 conflicting line and grades for the same area ? One with an ACTUAL OCCULAR INSPECTION showing the contested public road the of way and the other one without RROW and without inspection ?
7. Why did it take one year and eight months ,after issuance of the building permit ( Sept 2004 ) , for Manila City Engineer Andres to request from DENR ( another Philippines Government agency ) for a verification Survey ?
NOTE; ACCORDING TO DENR REPORT EARLY 2005 , submitted to then building official, IT WAS ALREADY ESTABLISHED THAT THERE IS A PUBLIC RROW AND THAT A VERIFICATION SURVEY (VS) IS TO BE PERFORMED TO ESTABLISHED THE DIMENSION AND LOCATION OF THE RROW WITH RESPECT TO THE OFFICIAL PHILIPPINE CADASTRAL MAP FOR OUR AREA, block 2731, cadastral 13.
8.Let me quote Engr Balagot letter to me dated August 26, 2009 ” Arch Cuntapay ( head NCBDO ) to allow spouses Tan to rectify the violations ( Building code ) on his two story warehouse residential building and once complied with, the permits and certification previously issued be ” RESTORED “.
What is your Webster dictionary meaning of the word ” RESTORE ” ?
My neighbor still up to today ( 4 years from the date that an occupancy certificate was issued by then OBO Engr Saturnino Disu with a notation that within 60 days a final DENR be submitted by him which up to today was not done ).
Can my neighbor still occupy and use the said warehouse without proper legal documentations ? Why was the law not enforce on them ? Is the Law applicable to all which happens to be the motto of our honorable mayor ?
9. Can a former Chief of the Survey and Drafting Division of the City of Manila defy a Philippine Supreme Court Ruling on the ROAD LOT EXAMPLE, I mentioned earlier ,that it be opened to the sky and that no physical structure be build ?
Even the ruler had to follow the rule of law.

winston:

for those now and previous Manila City hall building officials ( not for those officials who know the law) who pretends not to know the Philippine national building code in which it is their MINISTERIAL duty to perform , let me quote a supreme court jurisprudence that is found in sec 801 of the National building code of which was taken from sec 103 of the Manila City ordinance ( those working for Manila City Government should know this manila ordinance).
This is XXXX VS CITY OF MANILA.
” THE PURPOSE AND OBJECT OF THIS ORDINANCE IS AVOWEDLY AND MANISFESTLY TO PROTECT AND SECURE THE HEALTH, LIVES AND PROPERTY OF THE CITIZENS OF MANILA AGAINST THE REVAGES OF FIRE AND DESEASES. THE PROVISION THAT DENIES PERMIT FOR THE CONSTRUCTION OF BUILDINGS WITHIN THE CITY LIMITS UNLESS THEY ABUT OR FACE A PUBLIC STREET OR ALLEY OR ON A PRIVATE STREET OR ALLEY WHICH HAS BEEN OFFICIALLY APPROVED IS IN OUR OPINION REASONABLY NECESSARY TO SECURE THE ENDS IN VIEW ”
Again,whether they screw me left or right on whether our inner lots area public road right of way is through the main street or not (Then building offical Engr Saturnino Disu claim it is not ). I am on the SIDE OF THE LAW.

Let me quote again a jurisprudence chaired by the late chief justice Teehankee ” ANYONE CLAIMING OWNERSHIP OF ANY LAND SO AFFECTED SHOULD LAY CLAIM THERETO ( CADASTRAL ACT 2259) FAILURE TO DO SO AUTHORIZES THE COURT TO DECLARE THE SAME AS PUBLIC LAND. SETTLED IS THE RULE THAT A CADASTRAL PROCEEDING IS ONE IN REM AND ANY DECISION RENDERED THEREIN BY THE CADASTRAL COURT IS BINDING AGAINST THE WHOLE WORLD. UNDER THIS DOCTRINE PARTIES ARE PRECLUDED FROM ” RE-LITIGATING” THE SAME ISSUE ALREADY DETERMINED BY FINAL JUDGEMENT”.
again ;
NO RE-LITIGATION AND NO QUESTIONING BY ANYONE ”
More to come next week. Abangan !

winston:

in the early part of 2005, then Manila building offical , Engr Saturnino Disu issued out a memorandum to my neighbor warning him about republic act 917 prohibiting illegal occupation of a public road right of way. WITH THIS MEMO, THE OFFICE OF THE BUILDING OFFICIAL OFFICALLY ADMITTED TO THE PRESENCE OF THE CONTESTED PUBLIC ROAD RIGHT OF WAY AND THEREFORE WE EXPECT THE CORRECT IMPLIMENTATION OF THE NATIONAL BUILDING CODE BE APPLIED.
Why wasn’t this done and why was the said warehouse allowed to finished when there is a known violation of the building code. ?
With this violation, can an occupancy certificate be issued with first correcting the violations ?

winston:

do you know that we have pictures, DVD , and police blotter of the different harassments done to us. Do you know that if not because of col Gaddi fiar treatment, the harassments would not had stopped. Do you know that I am a scary cat with a near emotional breakdown because of these harassments. Do you know that I need to hire a security personnel for 2 months. Do you know that these former occupants of the Manila building official and line and survey and drafting did nothing with our complains knowing for a fact that under sec 801 paragraph 2, all building shall face a public street etc should be applied. Do you know that whether we are right or wrong, sec 801 should be applied. Do you know when Engr Espiritu did made an honest report, he was reasigned and replaced with Engr marcelino.
Do you know that opening up the said road right of way and widening it to the lawful width will protect not only the lives of my family but those living inside.
Do you also know that a former head of manila survey and drafting defied a supreme court ruling penned by then late justice Celilia munoz palma by allowing a ROAD LOT , with 3 meters required road width and perpetual opening up the sky, no obstructions,
built on it a 4 STORY BUILDING. I can provide the title as sample of a ROAD LOT .
Do you know that by writing to us about cadastral map of our area was “not available ” in the office of the survey and drafting division prejudices our case. Do you know that there is a law on ” INFIDELITY IN THE CUSTODY OF A PUBLIC DOCUMENT.

winston:

Question ;
Why can an office of the building official enforcement division not enforce the law and still allow my neighbor to occupy and used the warehouse with an expired certificate of occupancy dated Jan 26, 2006 with an annotation that my neighbor should submit within 60 days the final DENR survey report. This was not done by my neighbor up to this date Jan 8, 2010. A documented time line of sets of events can be provide from Sept 2004 to present for people to judge.

winston:

this a philippine legal doctine ;
1. all lands not otherwise apearingt to be clearly within private ownership are presume to belong to the state
2. all lands not otherwise appearing to be privately-owned are presume to belong to the state