Left photo shows contributed old snap shot of the Mile Long property, estimated to be taken during the late 1970’s and right photo taken by PDI photographer Edwin Bacasmas shows Mile Long property now.
Sunvar Realty Development Corp. on Friday said it was occupying a prime property in Makati City legally.
“The terms and conditions upon which Sunvar occupies the property belies the allegations and insinuations that it is squatting on the property,” lawyer Alma D. Fernandez-Mallonga, Sunvar’s legal representative, said in a phone interview, referring to the Mile Long property at Arnaiz Avenue and Dela Rosa Street.
READ: Statement of Sunvar Realty Development Corp. on illegal occupancy allegations
Mallonga described Solicitor General Jose Calida’s accusation of squatting against Sunvar as a “mischaracterization.”
In a news conference on Friday, Calida urged the Court of Appeals to lift the temporary restraining order (TRO) it had issued against the government suit filed for recovery of the property and to uphold the rules of court governing ejectment cases.
Calida also said Sunvar had been squatting on the property since 2003.
“Despite notices, Sunvar continue[s] to remain in possession and collect millions [of pesos in] rentals from its tenants,” he said, adding Sunvar owed the government P1.656 billion, excluding interest.
Rent paid in advance
“We take exception to accusations that Sunvar is squatting. That’s not accurate,” Mallonga said, adding that Sunvar paid P17 million in advance rentals when it leased the property in 1982.
Mallonga said Sunvar leased the property at a time of political uncertainty and it took risks in developing the area.
“Sunvar had legitimate expectations and assumed good faith in its contract and its development of the area, which the government, the lessee, knew about,” she said.
Mallonga said the property, which lies beside a creek, used to have no access to the main road, had no utilities and were occupied by informal settlers.
No ‘sweetheart’ deal
She belied accusations of “sweetheart” deal, adding that the price of P733 per square meter Sunvar paid for the 2.9-hectare lot was not a loss to the government considering that on nearby developed lots, the price was P1,000 per sq m including the building.
Mallonga said it was better for both sides to wait for the court’s decision on the controversy.
“Sunvar is now before the court [imploring] it to see the commercial transaction from the point of view of Sunvar as well as the small business owners on the property. It’s natural for the government to take an opposing view but I just want to emphasize that there is a legal process,” Mallonga said.
“It is for the court to ultimately decide who is in the right. The [Office of the Solicitor General] should not begrudge Sunvar’s right to avail itself of the legal process,” she added.
Sunvar claimed the agreement that it had entered into with the government entitled it to occupy the property not only until 2002 but up to 2027.
Mallonga said Sunvar also found it “strange” that only Mile Long, which was part of a 12-hectare government property, was being reclaimed by the government.
In his news conference, Calida said the Makati Metropolitan Trial Court (MTC) ruled in favor of the government in 2015, but the ejection order was stayed by the Regional Trial Court under Judge Winlove Dumayas, who consolidated the case with an injunction suit that his court was also hearing.
“Sunvar never questioned the factual issues of the case,” Calida said, adding Sunvar brought “baseless motions reaching up to the Supreme Court.”
Mallonga said Sunvar’s pleadings were based on legal and factual premises.