Position Paper Against Dominer Pointe Inc./ BellTel Phils. Cell Site

Note:  This position paper to stop the cell site installation in Amityville Subdivision was submitted this morning at 9:45a.m. to the office of councilor Arman Leo H. Angeles, chairman of Committee on Public Utilities.

Complainant respectfully submits this position paper to support its stand to stop the construction of the cell site at Mt. Samat St., Amityville Subd., Bgy. San Jose, Rodriguez, Rizal.

It is rather surprising that the alleged president of Amityville Homeowners Association, Mr. Edilberto “Butch” Braganza, stands with Dominer Pointe Inc./ BellTel Phils. cell site instead of the homeowners of Amityville for which he was elected for.

He submitted an alleged survey conducted by the officers of Amityville Homeowners Association (AHA) to support Mr. Braganza’s stand in favor of Dominer Pointe Inc./BellTel Phils’ cell site. This survey, which is undated, does not contain the addresses of those who signed the alleged survey which could have been intended to blindfold the mayor and the councilors to recheck whether the signatures were true or not. This was conducted only after we have filed the complaint on 22 December 2015 with the Office of the Mayor and the survey was submitted only on 19 January 2016 during our council hearing presided by councilor Armand Leo H. Angeles, chairman of the Committee on Public Utilities. Further, the signatures affixed to the survey were construction workers of the cell site and informal settlers but not homeowners. There is a clear misrepresentation of the president of Amityville Homeowners Association to mislead the council for reasons known to him only. Only homeowners who are officers of Amityville Homeowners Association signed the alleged survey (Annex A). This is a clear indication that the AHA does not have the support of the homeowners and in fact, the homeowners had been calling for reelection of officers to get rid of the present setup. The mayor’s office lawyer, Atty. De Guzman, claimed that their office received all the documents needed for the construction of the cell site and that is the reason why the same was approved. Atty. De Guzman, however, did not have any document to present and he was only reciting on memory. It does not follow, however, that the attorney argued that if we remove the cell site then all other cell sites will be removed. The presence of the other cell sites came to exist because there was no complaint from the residents.

The president of AHA, Mr. Braganza, also claimed that a general meeting of members of AHA was conducted but in truth there was no such general meeting. Not one of the legitimate homeowners attended such general meeting. There was no proof whatsoever that a general meeting was conducted. In fact, the homeowners had been asking Mr. Braganza to call for a general meeting to resolve the problem concerning the cell site but he refused and claimed that the general meeting will only be called on July 2016, that is five months from now.

An alleged Board Resolution dated 14 December 2014 submitted by Mr. Braganza, president of AHA, during the 19 January 2016 council hearing was only signed by eight members (Annex B). One of the officers of AHA, Ms. Jackie Capuchino, 2nd Vice President, informed the homeowners that she did not know about the alleged board resolution but her name was printed therein but was not asked to sign the said resolution.

On the part of Dir. Agnette Peralta of the Department of Health (DOH), when she conducted a briefing she stated that while there is no radioactive effect in the construction of the cell site there is however radiation correctly called as radio frequency radiation. But she only discussed about the radiation effect on the short term. DOH has yet to make studies on long term impacts of cell site towers so therefore, our health concerns are still valid.

Despite the cease and desist order issued by the building official and approved by the mayor on 25 January 2016, Dominer Pointe Inc./ BellTel Phils. ordered the delivery of materials for the cellular tower on the early morning of 4 February 2016 with the intention of disregarding the cease and desist order which I successfully stopped at around 1 o’ clock in the morning (Annex C) but on the same day at around 12 noon, when I was in the office at the Commission on Human Rights, returned to the site with the same load and left the same at the construction ground (Annex D). Further, on 5 February 2016, I conducted investigation on the personality of Dominer Pointe Inc., the contractor of BellTel Phils. cell site, and I found out that the telephone numbers 633-9757 to 58 which they specified in their building permit was not theirs but to a law firm at Discovery Suites. And the office address written in their building permit which is Unit 402, Prestige Tower, Ortigas Center, Pasig City is unoccupied, vacant, and padlocked (Annex E). And when I inquired from the adjacent office I was informed that the previous tenant of the unoccupied unit was also a law firm. This only shows that Dominer Pointe Inc./ BellTel Phils. is bent on misleading the engineering office of the Municipality of Rodriguez, Rizal.

In summary, Dominer Pointe Inc./ BellTel Phils. cell site does not have environmental compliance certificate (ECC), clearance from National Telecommunications Commission, approved building permit, approval of the bonafide homeowners, and others. And despite the absence of the ECC, the building permit, and other pertinent documents, Dominer Pointe Inc./ BellTel Phils. started the excavation on November 2015 (Annex F). For this reason, we pray that the cell site should be stopped and removed from the area where they are now for the general protection of the residents.

JEZZAMINE E. ANDAQUIG
Attorney-in-Fact for the petitioners and
Mr. Edilberto T. Andaquig of
Amityville Subdivision

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The Dominer Pointe Inc./ BellTel Phils. cell site in Amityville Subdivision is under Notice of Suspension with Cease and Desist Order from the mayor after we complained.

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