Philippine village loses eviction case

15 April 2013

Manila, Philippines ---- The Court of Appeals (CA) has ordered the eviction of the Philippine Village Hotel, Inc. (PVHI) from the land owned by the Nayong Pilipino Foundation, Inc. (NPFI) in Pasay City for non-payment of rentals since 2001.

In a decision written by Associate Justice Rosmari Carandang, the CA denied the petition filed by PVHI which pleaded to nullify the ruling of the Pasay City regional trial court (RTC) that denied its plea to stop the eviction.

The eviction of PVHI from the property owned by NPFI had been ruled with finality by the Supreme Court (SC). The management of the hotel that was closed in 2001 filed a case with the RTC in 2012 to stay the writ of execution.

According to the CA, "there is no supervening event to justify a stay of execution."

"The rule is, once a decision becomes final and executory, it is the ministerial duty of the court to order its execution. There being no justifiable reason to stay the execution, the RTC committed no grave abuse of discretion in denying petitioner's (PVHI) application for issuance of injunctive relief," the appellate court stressed.

Associate Justices Ricardo Rosario and Leoncia Dimagiba concurred in the decision.
PVHI leased a portion of NPFI's property and built a hotel in the 1970s.

In 1997, the lease agreement was renewed for another 25 years. However, PVHI started to default in the payment of its rentals in 2001 prompting NPFI to file an eviction case.

The management of PVHI was ordered to pay more than P26 million in back rentals.

When the case reached the SC, the High Court ordered the eviction of PVHI from the leased property.

Motions for reconsideration filed by the hotel management had been denied by the SC. Thus, the SC decision had become final and executory.