[ manilastandardtody.com ] December 10, 2009
SUBIC BAY FREEPORT—An Olongapo court has ordered Legend International Resort Ltd. to vacate the premises and remove all its personnel and belongings in three days after defaulting on casino and building rentals in the free port.
The “notice to vacate,” which was served by Sheriff Rogel Pagayon of the Regional Trial Court’s Branch 74 on Friday, was based on a writ of execution issued by the court.
It also ordered Legend International, which operates Legenda Hotel and Casino here, to pay back rentals to Subic Bay Metropolitan Authority.
The one-page notice issued by Pagayon asked Legend International to abide by the court order, and warned that in case of non-compliance, “the undersigned will be constrained to remove you and your belongings, from the premises in question, by the arm of the law.”
The notice to vacate was addressed to Legend International “and all persons claiming rights under them.”
According to the writ of execution issued by RTC Branch 75 on Dec. 3, the issue of Legend International’s obligations to SBMA has already been resolved by Branch 4 of the Municipal Trial Court in Cities.
The dipositive portion of the decision ordered Legend International to vacate four properties that it leased from SBMA.
Legend International was also ordered to pay SBMA $225,886 for base rent and unpaid sublease shares on the Legenda hotel properties for the period April 2002-January 2003; P872.5 million as rent for casino facilities for the period September 2000-May 2009; and P941,562 as sublease share for the long-term occupancy agreement between the LIRL and its concessionaire GYU International Inc. for the period September 2007-May 2009.
The MTCC ruling also compelled Legend International to pay SBMA P10.96 million for the cost of the lawsuit.
RTC clerk of court Marian Ravelo said SBMA filed a motion for execution on Nov. 16, more than one month after the Oct. 8, 2009 ruling by the MTCC.
The motion, in turn, was granted by the RTC on December 2, Ravelo said.
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