[ Manila Bulletin Online ] November 5, 2008
By ANNA LIZA T. VILLAS
A Mandaluyong city court has elevated to the Court of Appeals (CA) the legal battle over the ownership of the three stations of the Metro Rail Transit (MRT) barely two weeks after it ruled in favor of the Mandaluyong city government.
Judge Carlos Valenzuela of the Mandaluyong City Regional Trial Court (RTC) Branch 213 ordered the transfer of the complete original records of the case to the CA after the Metro Rail Transit Corp., the private contractor of the project, filed before the city court an appeal requesting for the reversal of the ruling.
"We are now preparing the documents to forward it to the CA," said Jerry Reyes, court staff.
Earlier, Valenzuela issued a writ of possession to Mandaluyong City after the MRT Corp. failed to pay the city some P2 billion real estate taxes, penalties, and structures covering three MRT stations in Ortigas, Shaw, and Boni Avenue stations in the city.
Mandaluyong City Mayor Benhur Abalos assured the public that there will be no disruptions in the operation of the MRT, saying they will not cause any burden to them because their takeover will only affect the MRT Corp., lessees of commercial spaces, stalls and advertising billboards at the three stations.
Abalos said the order in effect recognizes the city’s consolidated title and ownership over the structures covering Ortigas, Shaw, and Boni, which is under the jurisdiction of the city, including railways, carriageways and other improvements on the stations. He said the local government will not take over the operation of the MRT in the stations but "ownership over the properties only."
The Metro Rail Transit Corp. used to own those properties but it lost its ownership after it failed to declare the properties for tax purposes.
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