[ journal.com.ph ] July 11, 2008
The Supreme Court affirmed with finality the legality of the 1993 Joint Venture Agreement between the National Housing Authority and R-II Builders, Inc. involving the reclamation and development of the Smokey Mountain dumpsite into multi-billion low-cost housing project.
In an en banc resolution, the High Court dismissed the motion for reconsideration filed by former Solicitor General Francisco Chavez seeking the reversal of its decision issued on August 15, 2007.
The Court noted that Chavez failed to raise new arguments that would warrant the reversal of its ruling.
The High Tribunal in a unanimous decision penned by Associate Justice Presbitero J. Velasco denied for lack of merit the prayer for a writ of prohibition filed by Chavez seeking to enjoin the NHA, R-II Builders, Inc., R-II Holdings, Inc., owned by construction mogul Reghis Romero II, and Harbor Centre Port Terminal, Inc., from implementing the project.
Chavez’s new argument, according to the High Tribunal, only confirms its findings that the petition has no basis, thus, should be dismissed.
“Petitioner is saying that the petition will be supported by the information that will be revealed from the records of the NHA. Such should not be the case. Petitioner must have a cause of action as basis for filing a petition with this Court anchored on undisputed facts. With the admission that the facts to prop up the petition will still have to be procured from the NHA, then the petition is clearly baseless for want of factual support,” the Supreme Court said. Hector Lawas
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