OWNERS of Silahis International Hotel Inc. (SIHI) has filed a second motion for reconsideration with the Supreme Court (SC) seeking to declare null and void the auction and sale of its property Grand Boulevard Hotel (formerly Silahis Hotel), with adjacent parking lot on Roxas Boulevard.
In a 40-page petition, SIHI, through its lawyer Peter Paul Danao, specifically asked the High Tribunal to nullify the decision of the Regional Trial Court (RTC) of Manila Branch 24 presiding Judge Lyliha Abella-Aquino.
SIHI is asking the SC to nullify Aquino’s decision dated on August 13, 2012 and October 25, 2012 and writ of execution dated on November 8, 2012 insofar as they ordered the transfer of title, ownership and possession of the said property in favor of Pacific Wide Realty Inc. (PWRI) for lack of jurisdiction over SIHI. The petitioner also sought the reversal of the Court of Appeal (CA) resolutions dated on February 3, 2014 and December 2, 2014, which remanded back to the lower court on the ground of forum shopping its petition seeking the reversal of the 2012 resolutions issued by the Manila RTC.
The CA cited a separate pending petition filed by SIHI assailing the auction of its property with PWRI and the Manila government as respondents.
It was at this point that SIHI filed a petition for review on certiorari with SC, arguing that a judge in the lower court cannot reverse the finding of another. The SC, however, denied the petition and SIHI’s motion for reconsiderations in a resolutiion issued on March 9, 2015.
On May 30, 2015, SIHI filed a second motion for reconsideration, “for the higher interest of justice to prevent the finality of the court of appeals’ legally erroneous and patently unjust decision,” and this time praying that SC take the case en banc.
“Petitioners, on bended knees, hereby invoke this Honorable Court’s disquisition in the case to relax the rules so this Honorable Court can review the merits of the petition which raised novel legal and constitutional issues that would greatly impact on the exclusive and original jurisdiction of the Court of Appeals to annul judgments on a RTC judge…,” the petitioner said.
“To allow the finality of the Court of Appeals’ legally erroneous resolutions would amount to a violation of petitioner’s constitutional right to due process. As registered owner and possessor of the subject Hotel properties, petitioners cannot be unduly deprived of their title and possession over the subject Hotel properties in a c ase which they were not parties to,” the SIHI noted.
SIHI said it is not enjoined to file a second motion for reconsideration lthough, as a general rule a second motion is prohibited.
It noted that the SC may admit of exceptions “when the assailed decision is not only legally erroneous but is likewise patently unjust and potentially capable of causing unwarranted and irremediable injury or damage to the parties.”
It added there are similar other instances when the SC revisited a case after the case had already been decided with finality.
Records showed that the Manila City government created Committee on Public Auction (CPA) for the purpose of selling at public auction delinquent real properties whose owners failed to pay taxes upon assessment despite due notice.
GBH was identified as one of the delinquent real properties for non-payment of its owner and operator, Silahis International Hotel Inc. of realty taxes amounting to P106 million.
On November 7, the auction sale pushed through with only two bidders participating, namely Alfredo Tolentino Jr., representing PWRI and Omar Gionola, representing Pacific Rehouse Corp.