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/village vehicle
sticker, is there a legal premise and provision in the Magna Carta of Homeowner
(RA 9904)? And youll not be allowed /prevented to enter in any of the subdivision
entry gates eventhough youve presented a valid I.D. that youre a resident of
Greenland Cainta subdivision?
As per section 11 of RA 9904 (Magna Carta of Homeowner) they can ONLY SUSPEND
The rights, see below. Theres no such provision in section 11 that they could PREVENT
a Delinquent member without CAGRECA vehicle sticker from entering the gate as well
as into their residence.
If theyll institute section 49 Rights and Powers of the Association, is there a public
consultation to the effect ever conducted?
Now what are those laws that are not met & violation against the HOA member relative
thereunto?
Therefore, Section 73. Penalties and Sanctions will be applied for the said
violation against the members, officers, directors or trustees of the
association who have actually participated in, authorized, or ratified the
prohibited act.
And shall be punished with a fine of not less than Five Thousand Pesos
(Php5,000.00) but not more than Fifty Thousand Pesos (Php50,000.00) and
Ground for permanent disqualification from being elected or appointed as
member of the board, officer or employee of the association, without prejudice
to being charged before a regular court for violations of the provisions of the
Revised Penal Code, Civil Code and other pertinent laws.
B. And under our constitution THE 1987 CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES ARTICLE III -BILL OF RIGHTS Section
6
Section 6. The liberty of abode and of changing the same within the limits prescribed
by law shall not be impaired except upon lawful order of the court. Neither shall the
right to travel be impaired except in the interest of national security, public safety, or
public health, as may be provided by law.
The liberty of abode is the right of a person to choose one's residence to leave it
whenever one pleases, within the limits prescribed by law, to travel where one wills,
and to return to his place of residence, except in the interest of national security,
public safety, and health.
Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner IMPEDES or impairs any of the
following rights and liberties of another person shall be liable to the latter for
damages:
(6) The right against deprivation of property without due process of law.
The right to Ingress and Egress to property. Which mean the right to enter or
leave property involves access to a public road.
They could not INVOKE that it's the POLICY or RESOLUTION OF THE
BOARD or ADMINISTRATION.
PLEASE TAKE NOTE :