SUBIC BAY FREE PORT—In one fell swoop, executives of the Subic Bay Metropolitan Authority (SBMA), assisted by 60 heavily armed men, finally wrested control of a disputed condotel here during Holy Week.
But the forcible takeover by SBMA executives of the Ocean Condotel happened at 11:15 p.m. on Holy Wednesday (April 1), when work in both government and private offices have been suspended for the commemoration of Lent.
As a result, the Freeport Elite Resort Inc. (Feri), a Korean company which operates the condotel, filed a slew of charges against the raiding team and their principals. These include criminal, civil and administrative cases.
Named respondents in an administrative case before of the Office of the Ombudsman for Luzon for “grave misconduct and grave abuse of authority” are Roberto Garcia, SBMA chairman and administrator; Randy Escolango, deputy director for legal affairs; Von Rodriguez, legal department manager; Ruel John Kabigting of the regulatory monitoring unit and Orlando Maddela Jr., chief of the law-enforcement department.
A criminal complaint for grave coercion and usurpation of authority was also filed before the Ombudsman against Rodriguez, Escolangco, Kabigting and Maddela; Benito Natividad, Luis Umali and Jun Gallardo; South Koreans Kang Il Chan and Choi Byung-kyu, as well as their legal counsels Leonard Subiela and Leonardo Bernabe.
A civil case for “forcible entry and damages with prayer for preliminary mandatory injunction” was also filed before the Municipal Trial Court (MTC) in Olongapo City against Kang, Choi, Natividad, Young Jung W. Kim, Rianna D. Borres and all persons claiming rights under them.
The respondents allegedly helped install another South Korean investor (Kang) at Ocean Condotel who took over its operations from the complainants without a court order. The criminal and administrative cases were filed at the Office of the Ombudsman on April 16, while the civil case was filed before the MTC on April 20. Feri authorized one of its director, Jo Kwang Rae, to file the cases in court in behalf of the corporation.
Jo said the Feri-owned Ocean Condotel was forcibly and illegally taken over by codirector Kang on April 1, with the assistance of Rodriguez, Escolango, Kabigting and Maddela, together with 50 armed SBMA law enforcers and 10 security guards.
Jo said SBMA officials facilitated the takeover by Kang of the condotel in the absence of a court sheriff and without a court-issued writ of execution.
The takeover stemmed from a March 16 decision by Branch 72 of the Regional Trial Court in Olongapo City favoring Kang, one of the South Korean directors of Feri, recognizing his right to inspect the books of the corporation. The court also ordered the annulment and deduction of a significant portion of former Feri President and Director Cho Han Choon’s shares of stock in the corporation.
Kang and his Filipino companions attempted to take over the operation of the condotel from March 18 to 20 and March 30 and 31, but were prevented by Feri lawyer Roseller Logronio, who insisted on the necessity of a writ of execution and the presence of a court sheriff.
Ashley Manabat