After the Supreme Court’s (SC) nullification of the Quezon City Zoning Ordinance, the Manila Seedling Bank Foundation Inc. (MSBFI) plans to take over its foreclosed headquarters inside the seven-hectare property of the National Housing Authority (NHA) located along the corner of Epifanio delos Santos Avenue and Quezon Avenue on Sept. 1.
Leonardo Ligeralde, the foundation’s president, welcomed the Aug. 8 decision of the High Court that the Quezon City Zoning Ordinance of 2003 cannot supersede Proclamation No. 1670, and that the local ordinance had wrongfully deprived the MSBFI of property use.
“A Million Trees Dream is helping me now. We will re-enter the property on Sept. 1. This group will discuss the issue with Mayor Joy Belmonte, the former Speaker (Feliciano Belmonte Jr.) and National Housing Authority general manager Joeben Tai,” he told the Manila Standard.
“We are very elated. We have talked to our lawyer what other legal steps to do. Actually, we have another meeting with A Million Trees Dream and the lawyer today (Monday),” he said.
In 2012, the Quezon City government seized the NHA property where the MSBFI was located under a usufruct, auctioned it, and eventually foreclosed it for unpaid real-estate taxes of P57 million.
“The city government foreclosed us and ordered us to vacate the area without any basis,” Ligeralde said.
He, however, blamed then mayor Herbert Bautista, saying “he is the root cause of all these things.”
“The lawyer will take charge if we could file charges against him and seek damages,” he said.
She clarified Mayor Belmonte has nothing to do with the foundation’s foreclosure.
“It would be improper for us to answer on behalf of the Manila Seedling, particularly since we don’t have the full decision yet. But we would welcome any avenues for restorative justice over the past (administration’s) mistakes,” Belmonte told the Manila Standard.
The city government then planned to convert and develop the seven-hectare prime lot of NHA into a Central Business District.
The MSBFI grew seedlings of forest trees, fruit trees, garden plants, flowers and vegetable seeds, and distributed them to those in need, including government agencies, at very low prices.
According to a city hall source, the disputed property is undergoing construction under the Metro Manila Subway Project to be fully operational in 2029 to reduce travel time between Quezon City and Ninoy Aquino International Airport from one hour and 10 minutes to just 35 minutes.
But the MSBFI said “the subway will not pass through that area. Lumihis ito.”
Proclamation No. 1670 of then President Ferdinand E. Marcos granted usufructuary rights to the foundation over a seven-hectare property owned by the National Housing Authority.
The SC ruled that the Quezon City government cannot foreclose and seize the property for non-payment of real property tax, as it is owned by NHA, a tax-exempt institution.
