SC favors construction firm to recover P4-B SMAP from 2 gov’t agencies
The Supreme Court (SC) has declared final its July 2017 ruling that affirmed the right of R-II Builders, Inc. to file a case before the Quezon City regional trial court (RTC) to recover more than P4 billion from two government agencies in connection with the Smokey Mountain Development and Reclamation Project (SMDRP) in Manila that started in 1993.
In a resolution made public Thursday, the SC denied the motions filed by the National Housing Authority (NHA) and the Home Guaranty Corporation (HGC) to reconsider its July 26, 2017 ruling that dismissed their petitions for lack of merit.
“Acting on the petitioners’ separate motions for reconsideration… and considering that there is no substantial argument to warrant a modification of this Court’s resolution, the Court resolves to deny reconsideration with finality,” the high court said in its resolution.
It added that “no further pleadings or motions shall be entertained” and “let an entry of judgment in these cases be issued immediately.”
The high court, in its July 2017 ruling dismissed the petitions filed by NHA and HGC challenging the 2015 decision of the Court of Appeals (CA) in favor of R-II Builders.
“After judicious consideration of the arguments raised by petitioners HGC and NHA, the Court resolves to deny the instant petitions for review on certiorari for lack of merit. Petitioners failed to sufficiently show that the Court of Appeals committed reversible error in issuing the assailed decision and resolution,” read the 2017 ruling.
The high court said that the primary objective of R-II Builders in filing a civil case before the Quezon City RTC “is to recover the residual value of the asset pool (Smokey Mountain Asset Pool or SMAP) in the SMDRP after its liquidation and the annulment of the instruments in question.”
It said: “We agree with the finding of the CA that based on the allegations in the complaint, as well as the reliefs prayed for therein, the suit instituted by respondent R-II Builders, Inc. was a personal action because its primary objective was the rescission of certain agreements.” /jpv
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