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CA upholds eviction of hotel from old Nayong Pilipino grounds

Written by  Benjamin B. Pulta [ tribune.ne.ph ]
Tuesday, 16 April 2013 00:00
The  Court of Appeals (CA) has turned down a petition filed by the Philippine Village Hotel Inc. (PVHI) which is challenging the eviction order issued against them by the Nayong Pilipino Foundation Inc. (NPFI) for  unpaid rentals.
In a five-page decision by Associate Justice Rosmari Carandang, the CA’s Fifth Division denied the petition filed by PVHI seeking to nullify and set aside May 10, 2012 order of Judge Wilhelmina Jorge-Wagan of  Pasay City Regional Trial Court (RTC) Branch 111 denying its application for issuance of a temporary restraining order (TRO).
Concurring with the decision were Associate Justices Ricardo Rosario and Leoncia Dimagiba.
In 1997, PVHI signed with the former NPF administration of a lease contract for another 25 years for its hotel which was built on Nayong Pilipino premises in the mid-70s, but was closed in May 2001.
PVHI defaulted in the payment of rental starting January 2001 which prompted NPF to file an unlawful detainer or eviction case against PVHI and eventually won its legal battle.
PVHI was ordered to pay arrearages amounting to more than P26 million. The hotel management was also ordered to vacate the Nayong Pilipino premises and pay updated back rentals.Both the CA and the Supreme Court ordered the eviction of PVHI and opined that an execution of judgment should be made.
In denying PVHI’s petition, the CA stated that “there is no supervening event to justify a stay of execution.”
“Even with the passage of (an executive order), petitioner’s situation as lessee has not been transformed to another juridical relation,” the CA ruling pointed out.
“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 application for issuance of injunctive relief.”
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