CA dismisses Bongbong Marcos’ appeal over Paoay property
Senator Ferdinand “Bong-Bong” Marcos Jr. LEAGOGO/INQUIRER.net
MANILA, Philippines—The Court of Appeals denied the bid of Senator Ferdinand “Bongbong” Marcos Jr. to pursue the government to return his family’s 57 hectare property in Paoay where the Grand Ilocandia Resort is located.
In a three-page resolution, the appeals court’s former 3rd division granted the petition filed by the Presidential Commission on Good Government and the Philippine Tourism Authority to dismiss the unlawful detainer complaint filed by Marcos.
The appeals court maintained that the Regional Trial Court of Ilocos and the Municipal Circuit Trial Court (MCTC) of Paoay-Currimao, which both ruled in favor of the Marcoses, have no jurisdiction to rule on the unlawful detainer case since the issue has already been brought before the Sandiganbayan.
In the motion for reconsideration, Marcos insisted that the appeals court erred in saying that the lower courts have no jurisdiction over the case.
But the appeals court said his arguments are mere rehash of his first petition and is already explained in the September 2013 decision.
Article continues after this advertisement“We therefore find no valid reason to disturb our earlier decision. The respondent estate’s motion contains merely a reiteration or rehash of arguments already submitted to and determined to be without merit by the Court,” the appeals court said.
Article continues after this advertisement“We are not convinced that a modification of the latter is warranted,” it added.
Concurring with the ruling were Associate Justices Rebecca de Guia-Salvador and Samuel Gaerlan.
The case stemmed from the “unlawful detainer” complaint filed in the municipal court by the senator on May 2, 2007. The young Marcos, representing the family estate, asked the court to order the PTA to turn over the property to them.
He claimed that his father was the owner of the property on which the Malacañang Ti Amianan, Maharlika Hall, Suba Sports Complex and an 18-hole golf course are located. He said that in December 1978, his father and the PTA entered into a lease contract over the premises for a rental of P1 a year for 25 years, or from Jan. 1, 1978 up to Dec. 31, 2003.
In 1991, the PTA subleased the premises, particularly the sports complex, to Polar Peak Corp.
In 2005, the Marcos estate demanded that the PTA turn over the premises and remit the lease rentals to it. When the PTA refused to vacate the premises, the Marcoses took the case to the municipal court.
The municipal court at first dismissed the case, saying that the time period for such a case had lapsed and that it lacked jurisdiction over it.
The Regional Trial Court, however, ordered the municipal court to hear the case. In 2010, the municipal court ruled in favor of the Marcoses and ordered the PTA to vacate the premises, pay over P947,000 in rentals from March 2007 to December 2008, and for PCGG to remit P1.8 million as advance payment and the two-month deposit it received from Polar Peak, in 1991, among other things.
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