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Appellate court favors Manila in Grand Boulevard ruling

Posted on September 18, 2012 09:59:33 PM [ BusinessWorld Online ]

THE OWNER of shuttered Grand Boulevard Hotel has been stopped by the Court of Appeals (CA) from redeeming the property which was foreclosed by the Manila City government. 

In a 16-page decision dated Sept. 6 and penned by Associate Justice Normandie B. Pizarro, the CA annulled a lower court ruling, which allowed Silahis International Hotel, Inc. (SIHI) -- owner of Grand Boulevard -- to redeem the property from the city. “The issuances granting the same and denying the motion for reconsideration [in favor of SIHI] thereon must be nullified not only because they were issued with grave abuse of discretion but more importantly because they were issued without jurisdiction,” the decision read.

The issue stemmed from warrants of levy issued by the City Treasurer of Manila on Jan. 14, 2008 for Grand Boulevard Hotel and seven parcels of land where it stood, after SIHI failed to pay real property and business taxes. On Jan. 9, 2009, SIHI gave the city treasurer two checks worth P6,119,566.19 as redemption price for the property. But the treasurer refused to accept SIHI’s checks saying they covered just part of the property.

SIHI in March 2009 asked the Manila Regional Trial Court compel the Manila City government to accept its payment. That court ruled in September 2010 in favor of SIHI, prompting Manila to elevate the case to the CA.

SIHI was not immediately available for comment. -- ASOA

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