SUNVAR Realty Development Corp. on Wednesday said it would abide by the ruling of the Regional Trial Court (RTC) in Makati City to vacate the 2.9-hectare “Mile Long” properties in Makati City that is owned by the national government but has been in the company’s possession for 35 years already.
In a statement issued through its lawyer Alma Mallonga, Sunvar said it was served with a “notice to vacate” within three days on Tuesday by the RTC of Makati City Branch 141, pursuant to a resolution promulgated by the Court of Appeals (CA) on August 14 directing, among others, the trial court to enforce the 2015 decision of the Metropolitan Trial Court (MeTC) of Makati Branch 61 ordering Sunvar to vacate Mile Long and pay back rentals amounting P1.6 billion, exclusive of its legal interest.
The CA Former Fifth Division chaired by Associate Justice Jose Reyes, in its August 14 resolution, granted the plea of the Office of the Solicitor General for the immediate execution, eviction and takeover of the government of the assailed Mile Long Property that was leased to the Prieto-Rufino family.
The CA resolution directed the sheriff of Makati RTC Branch 141 under Judge Mary Ann Manalac to cause the implementation of the eviction order.
Earlier, Solicitor General Jose C. Calida filed an urgent motion for execution before the CA after Sunvar failed to get a temporary restraining order from the Supreme Court.
“While Sunvar has appealed the MeTC decision, it is committed to abiding by the legal process. In accordance with that commitment, Sunvar will comply and vacate Mile Long,” the statement read.
Sunvar recounted that some 35 years ago, it leased the said undeveloped land of the government upon the understanding that the lease period would expire in 2027.
It noted that it paid P16.8 million as advance rentals and expended millions more to build roads, buildings and infrastructure to develop the property, which is why it is so valuable now.
“Relying on the same contract and understanding, small business owners and taxpayers purchased condominium units in Mile Long that are now the source of their livelihood,” Sunvar explained. “It has pursued legal remedies to resist ejectment, firmly believing there is a binding contractual commitment on the part of the government to honor a lease that is set to expire only in 2027. Sunvar understands that the government has taken an opposite view. Sunvar continues to have faith in the law and legal process.”
Last month the CA affirmed its ruling issued in January, which gave the government an upper hand in its bid to regain possession of the over 2.9-hectare property.
In a six-page decision, the CA’s Former Fifth Division denied the motion for partial reconsideration filed by Sunvar seeking the reversal of its January 26 ruling, which dismissed its petition for injunction filed before the Makati City RTC Branch 59 for lack of jurisdiction.
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Papano naman kaya naging 2027 ang expiry ng contract.samantalang nakasaad Year 2002 ang end of contract.