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Ex-SEC chair hits BSP of stealing his house

LIFE’S INSPIRATIONS: “… Even when I must walk in the midst of danger, you revive me. You oppose my angry enemies, and your right hand delivers me…” (Psalm 138:7, the Holy Bible).

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EX-SEC CHAIR HITS BSP OF STEALING HIS HOUSE: If the likes of a brilliant though thoroughly humble lawyer like Perfecto Yasay Jr., chairman of the Securities and Exchange Commission during the time of former President Ramos, could experience highhandedness in the hands of government that, in the past, he has faithfully served and well, then, indeed, something is very terribly wrong which may justify Filipinos in taking the law into their own hands.

Let us read what Yasay wrote in his Facebook account, aptly titling it “A desperate plea for justice”: “Allow me to share my dreadful experience with the Bangko Sentral ng Pilipinas (BSP) that has brought me so much pain, anguish and desperation.

“Last Monday, the Branch Sheriff of the Regional Trial Court of Makati entered the condominium building of my apartment unit to serve a 2nd Notice to Vacate Order issued on the basis of a Writ of Possession dated March 3, 2015 obtained by the BSP from the RTC, Branch 137, against Banco Filipino. He threatened that unless I voluntarily leave within 3 days, I would be forcibly evicted.

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BSP “MALICIOUS TACTICS” HIT: “I protested, arguing that my name does not even appear as a person against whom the Writ of Possession is directed. Neither am I a person claiming under the rights of Banco Filipino. My right to stay in the apartment is based on a pre-existing contract and as a builder in good faith, which is enforceable against Banco Filipino and the BSP.

“The Constitution prohibits depriving me of this property right without due process. This fundamental requirement is all the more applicable to the BSP, which under the law is already vested with extraordinary powers, which its officials are strictly mandated to use with extraordinary care and diligence.

“Long before it applied for the Writ of Possession, the BSP knew of my being an innocent third party claiming rights to the property. But it maliciously withheld this fact from the RTC to deny me proper notice and hearing as required by law.

When I took possession of the property in 2009 it was rotting, dilapidated and neglected and totally unfit for human habitation.

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EX-SEC CHAIR KEPT IN THE DARK: “However, Cecile and I restored and rebuilt the unit, making it a decent abode for our family. For our efforts and personal expenses towards renovation and our undertaking to pay for all major and minor repairs for its continuous upkeep and maintenance, we were given the right of first refusal together with an option to buy the property at its appraisal value before the renovation.

“However, because of the unexpected closure of Banco Filipino on March 17, 2011 and despite that the issue of its legality is still pending with the courts, the BSP swiftly foreclosed the property and acquired it as the only bidder. Had I been notified of this auction sale, I could have exercised my right of first refusal. On October 23, 2013 the BSP demanded that I vacate the premises within 30 days.

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BSP’S CONCEALING OF TRUTH BARED: “I promptly responded, informing the BSP of my property rights and my openness to negotiate for equitable settlement. However, it completely ignored my pleas and instead, surreptitiously applied for a writ of possession after consolidating its title by expediently concealing my third party claims.

“For this reason, by this Friday, July 10, we could be driven out of our home into the streets unless the Court of Appeals grants the TRO I applied for. My only real hope now lies in prayer that justice will prevail.”

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