Author Topic: The Ortigas donation: Camp Aguinaldo & Camp Crame  (Read 3043 times)

adroth

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The Ortigas donation: Camp Aguinaldo & Camp Crame
« on: November 27, 2017, 10:56:38 PM »
Both the Ramos and PNoy tried to sell or lease Camp Aguinaldo and Camp Crame to generate funds for the Philippine treasury. Both ran into the same problem: The Deed of Donation from Ortigas & Co that allocated property in both camps specifically for military use.

This idea was brought up again during in the Duterte administration. It will, arguably, be brought up again in the future.

Might as well put a spot light on this issue on the forum for posterity.

====

Lawmakers caution government on sale of police, military camps
By Christina Mendez  | Updated January 11, 2011 - 12:00am

http://www.philstar.com/headlines/646692/lawmakers-caution-government-sale-police-military-camps

MANILA, Philippines - Senators cautioned the Aquino administration yesterday on its plan to privatize camps Aguinaldo and Crame, which cover more than 200 hectares of prime land.

Senate President Juan Ponce Enrile said the government might run into legal trouble if it pushes through with the sale in haste.

< Edited >

Enrile said the same proposal fizzled out during the presidency of Fidel Ramos because the deeds of donation for the two camps clearly specify that the properties should only be for military use.

“That’s a good project but it should be thoroughly studied,” Enrile said over dwIZ radio.

He said the two properties should be “reverted back to the owners” if used for other purposes, based on the deed of donation.

< Edited >

Sizeable portions of the camps represented donations from real estate giant Ortigas & Co.

< Edited >

Mabanta earlier said only a portion of 178-hectare Camp Aguinaldo comprised donated lands. Records also showed that only 8.2 hectares of Camp Crame represented donation from Ortigas and Co.

< Edited >

Cruz said former PNP chief Avelino Razon Jr. had also proposed the privatization of Camp Crame.

“The plan did not push through because it was not acceptable to stakeholders, including the Ortigas clan who donated the lot to PNP,” he added.

“There is a clause there that you have to return the land to Ortigas and not sell it,” Cruz said. with Paolo Romero, Iris Gonzales, Cecille Suerte Felipe, Jaime Laude

adroth

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Re: The Ortigas donation: Camp Aguinaldo & Camp Crame
« Reply #1 on: November 27, 2017, 11:07:18 PM »
PNP to Palace: Land portions of police, military camps in QC cannot be sold
Published January 10, 2011 5:13pm
By AMITA LEGASPI, GMANews.TV

http://www.gmanetwork.com/news/news/nation/210222/pnp-to-palace-land-portions-of-police-military-camps-in-qc-cannot-be-sold/story/

Malacañang may have a problem with its plan to sell land portions of the police and military camps in Quezon City because according to the Philippine National Police (PNP), these cannot be sold.

Chief Superintendent Agrimero Cruz Jr., PNP spokesperson, said the main offices of the Armed Forces and PNP are located in lands donated by Ortigas & Co. in the 1950s.

“Nakalagay po kasi sa deed of donation na ibabalik po sa kanila, hindi po pwede na ibenta," he told reporters.

The deed of donation states that Ortigas & Co. will get back the donated portion if the government decides to convert the police and military camps for other uses.

< Edited >

adroth

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Re: The Ortigas donation: Camp Aguinaldo & Camp Crame
« Reply #2 on: November 27, 2017, 11:34:57 PM »
From the Civil Code of the Philippines. Something that may be relevant to the AFP and/or PNP.

http://www.chanrobles.com/civilcodeofthephilippinesbook3.htm

Art. 765. The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases:

(1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority;

(2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority;

(3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor. (648a)

horge

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Re: The Ortigas donation: Camp Aguinaldo & Camp Crame
« Reply #3 on: November 30, 2017, 01:38:46 PM »
IANAL, but...

If the title has an encumbrance, then it's up to the party that had the encumbrance attached
to have it removed (to un-pendens the lis, so to speak) by seeking a court order, so that the
Registrar of Deeds can amend/cleanse the title ... paving the way for sale.

Why would the Ortigas family even do that, though?
Why is the government even THINKING about lessoring, or disposal via Absolute Sale, if the
encumbrance stipulates military use only?

If the heart of Metro Manila is inappropriate for locating a military camp, then relocate and (per
encumbrance) RETURN the titles to the donors, but then, that is where it can get interesting:

If the original donors (or rather, title-holders) have passed away, the titles may still have to
revert to THEM, and only then can their surviving heirs INHERIT the titles, and can you imagine
the inheritance taxes on the land today? Almost any other family would have to sell the land
just to pay said taxes (pocketing a very large after-tax profit), but the Ortigas family has both
resources and ready access to financing support.

Of course this assumes the donation was originally made by individuals.
If the land was originally titled to a juridical entity like OLCP (did it already exist back then*?),
which can be technically-immortal, then AFP and the PH.gov have their nuts in a vise, if they
plan on commercially 'exploiting' the land.

What they CAN do is ask to be 'bought out' by OLCP (and whichever party OLCP decides to
have as partners), accepting money to abandon 'military use' (and therefore any and all use)
of the land so that OLCP can reclaim and then commercially exploit.

At minimum the 'buy-out' money should cover camp relocation costs, and maybe more.



*
If a juridical entity that originally donated the land has become defunct, or been superseded
by a new one via conversion, it may not be so clear if the title automatically reverts to the
said new entity:

Let's say the original title was held by, dunno, O&CoLtd, which donated it with encumbrance
to PH.gov, which in turn would now give up the title... who does the title revert to, if O&CoLtd
no longer exist and have been 'superseded' as a business by OLCP? Seems a bit like the bind
that individuals are in when parents have passed away and have thus been superseded by
the heirs-children.

Again IANAL, just wondering aloud.

EDIT:
BTW future commercial development of the parcels has been a long-term objective in the plans
of several parties. That is why, despite manifold security problems presented to the .mil camps,
the Santolan-Annapolis MRT station was located where it is.

« Last Edit: November 30, 2017, 10:11:25 PM by horge »

bat21

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Re: The Ortigas donation: Camp Aguinaldo & Camp Crame
« Reply #4 on: December 11, 2017, 05:25:55 PM »
i ask this in the original forum and i never got a clear answer. but during the ramos era, there was a talk that he sold or was going to sell fort bonifacio to the malaysians. anyone heard of this?

horge

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Re: The Ortigas donation: Camp Aguinaldo & Camp Crame
« Reply #5 on: December 19, 2017, 11:16:36 AM »
i ask this in the original forum and i never got a clear answer. but during the ramos era, there was a talk that he sold or was going to sell fort bonifacio to the malaysians. anyone heard of this?

I heard a similar rumor, involving Malaysian investors (remember Jollibee?), but nothing more.