American Causes Stir In Subic’s Posh Housing Area

INCREASED US Military presence here in Subic is welcome for most residents, mainly for economic and national security reasons. However, there is one American who is not welcome, as far as residents affected by his supposed illegal construction and excavation works on a steep slope between Alpha and Beta Streets, Binictican in this former US Naval Base, are concerned.

“We are deeply disturbed and concerned about our safety due to the monstrosity of the construction work in the area, leveled by large back hoes and bulldozers,” Eric R. Alberto, chairman of PLDT-Subictel, president & CEO of ePLDT and executive vice president of PLDT/Smart, in a letter, complained to SBMA Chairman Roberto V. Garcia, “We do not understand why and how SBMA opened up a program to lease such spaces which were beautiful natural forest cover.”

A portion of the lot between Alpha and Beta Streets in Binictican, Subic Freeport, now the object of a heated conflict between American Brian Lance Giles, who has began construction and excavation for a residential building, and residents who say the project has put their respective houses to safety and erosion risks . SubicBayNewsphoto by Vic V. Vizcocho, Jr.

The American, a certain Brian Lance Giles, through Cebu Tranquila Realty, Inc. (CTRI), represented by his wife, Anna Belen T. Giles, obtained from SBMA a 50-year-lease on a 740 sq. m. lot in the area for P3.7 M in November 2015. Quick-paced construction and excavation works began last week, leaving Alberto and other residents horrified not only by the cutting of trees and stripping of vegetation but also by the deep excavations that has put in peril their respective houses.

FB photo of American Brian Lance Giles, now engrossed in a heated battle with residents of Alpha and Beta Streets in Binictican, Subic Freeport, for building and excavating a steep slope that used to be covered by trees and lush vegetation, thereby putting the existing residences at risk of erosions and possible disaster.

“I …demand that SBMA revoke its decision to open that now pitiful slope of a natural hill not suitable for housing,” Alberto wrote Garcia.

For her part, Mrs. Giles admitted to the danger posed by the construction and excavations but argued in a letter to Garcia that “any delay could cause irreparable harm should the rainy season start and we cannot be more clear in our position to not to stop our work to level the site for proper drainage (pulling water away from the wall) and to cover the wall up with at least moderate protection…”

“I have personally heard my husband Brian Giles implore, beg, and explain to many people why a cease-and-desist order (from SBMA) can/will be detrimental to the safety and well-being of the residences on Alpha St.,” Mrs. Giles said.

In his response, Garcia apologized to Alberto and assured him (Alberto) that after a technical meeting he (Garcia) called for the matter at 10 am on Wednesday, May 11, he will issue a cease & desist order on Giles for having exceeded the scope of its permit, which did not include excavation, and other ecological violations. The supposedly 740 sq. m. lot has also ballooned to date an estimated over 2,000 sq. meters with the excavations and earth-moving so far already done.

SPIT ON GARCIA’S FACE

Garcia called him (Alberto) around 12:58 pm on the same day, confirming that he (Garcia) has issued a “cease & decease order.” However, work continued at the site. Garcia’s order, apparently, was merely verbal.

“What will it take for them to stop?” Alberto wrote Garcia again, “Their defiance is a SPIT not only to your face but to the larger Filipino institution you represent.”

“I am ever convinced now that we must do whatever we have to do to fight and immediately put a stop to this,” Alberto said, “…to ensure the safety of my family and those of us who live here, and more importantly, do the right thing by not allowing such grave injustices to Filipinos, our public institutions and to mother nature to triumph, especially when such crime and injustice to and in our own land is being surreptitiously perpetuated by a foreigner who has abused all courtesies of just being a guest in this country.”

A man is dwarfed by the excavation caused by American Brian L. Giles to build a house in what used to be a vacant lot covered by trees and lush vegetation. It is now referred to as the “Grand Canyon” of Binictican, with the houses of PLDT Executive Eric Alberto, Jorge Araneta, top honcho of Araneta Group, and newly-reelected senator Richard Gordon, perilously sitting directly on top. (supplied photo)

HOW IT ALL BEGAN

Nenita “Nini” Prieto Licaros (nee Ramos, Miss Philippines 1968), in an exclusive phone interview with Subic Bay News, the problem has been brewing way back since last year.

According Licaros, Tina Moran Conser, then renting her house at no. 29 Beta St., called her in New York regarding an offer from Brian Giles to purchase the property.

Although the property was not really for sale, Licaros agreed to part with it for some P20 M, with P1M being advanced as earnest money. Monser facilitated the transaction and received the money on behalf of Licaros.

Later, however, Giles manifested signs of disinterest on the transaction and the property. Upon query, he told Licaros, he will pay the balance and complete the transaction only if and when SBMA extends the lease to another 50 years, from the then 21 years left of its original 50-year contract.

Licaros then called off the transaction and asked Monser to return the P1M earnest money to Giles.

However, in December 2015, Licaros discovered that the steep slope between her property and those at upper level Alpha Street has been applied for by Giles and awarded to him by Garcia and the SBMA Board for P3.7 M, covering an area of 740 sq. meters.

Giles, in what appears to be bad faith, apparently opted out of the transaction with Licaros for the less costly lot, albeit it will require a lot of earth-moving and engineering intervention.

Citing that the lot was purposely left untouched for safety reasons by the US Navy when Subic was still their naval base, Licaros complained to Garcia and the SBMA, engaging legal services when Garcia supposedly ignored her efforts to communicate. Finally, after failing to cause her to withdraw her complaint, SBMA issued a decision in favor of Giles.

CRIMINAL AND CIVIL SUITS

Alberto, firm on his stand to fight it out with Giles, and SBMA if necessary, also expects other residents whose properties are affected by the excavations to file suits. Two other prominent personalities with affected residences in the area are Jorge Araneta of the Araneta Group and newly-reelected senator Richard Gordon.

In an internet chat group of Subic residents, Giles and SBMA, particularly Garcia and Ecology o-i-c Ruel “Chot” Kabigting, are getting a lot of flak in connection with the issue.

People are also demanding that SBMA explain the excessively low lease fees imposed by SBMA of only around P5k/sq. meter when the going rate at the area has been around P1M/year of lease term, in this case, supposedly P50M.

Garcia has re-assured Alberto that a “cease and desist order” will be slapped on Giles. The order is yet to be issued as of this writing, however.

Top and lower photos show the lot before and after the excavation which is now the object of residents' complaints for safety and environmental reasons. (supplied photo)

CLEAR VIOLATIONS

Olongapo City Environment & Natural Resources Officer (CENRO) Marife Castillo said there is clearly a violation of the Forestry Code, among others. She said she will cause the filing of appropriate criminal cases against Giles and others concerned.

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