Wednesday, November 22, 2017

Layas na kayo! Calida personally delivers eviction notice to ‘squatting’ Rufino-Prieto family to leave government property

Aug 16, 2017 @ 9:55

The Makati City Regional Trial Court on Tuesday ordered the Sunvar Realty Development Corporation, a real estate firm owned by the Rufino and Prieto families to vacate the 2.9-hectare Mile Long property in Makati City.

Solicitor General Jose C. Calida, along with the Branch Sheriff Robert Bautista, personally went Tuesday to the Mile Long property serving the notice to Sunvar Realty and all other tenants.

Makati RTC Branch 141 of Judge Maryann Corpus-Manalac issued a Notice to Vacate, implementing the CA Resolution dated August 14, 2017, ordering to surrender possession of the property within three days from receipt.

The notice covered not only Sunvar Realty but also other tenants in the property.

“You are hereby given a period of three days from receipt thereof to surrender the possession of the above-described property with all the improvements existing thereon or vacate the premises within such given time, after which the undersigned will place the petitioner in actual and physical possession thereof to duly satisfy the Writ of Execution,” read the order.

Mile Long property was leased by government to Sunvar on Feb. 28, 1982. The agreement expired on Dec. 31, 2002, but Sunvar continued to occupy the property despite the expiration of the lease.

Calida said that since 2003, or for the last 14 years and seven months, Sunvar has been squatting, illegally using and occupying the Mile Long property and despite notices, continued to remain in possession and collect millions of rentals from tenants.

“In truth, you guys are like the Kadamay squatters. You have been depriving the government of money that could have been used to fund projects for the poor,” Calida said.

In 2009, the government filed a complaint for Unlawful Detainer against Sunvar Realty before the Metropolitan Trial Court for its illegal and unauthorized use and occupation of the Mile Long property.

According to Calida, an ejectment case was summary in nature as it intended to provide an expeditious means of protecting right to possession.

“From the get-go, Sunvar never questioned the factual issues of the case. They just delayed everything. They filed baseless motions reaching up to the Supreme Court. That’s why it took almost six years before it was decided by the Metropolitan Trial Court,” Calida opined.

“Instead of abiding by the decision by vacating the property and paying the rent, Sunvar filed a prohibited pleading after another to stop the government from implementing the decision. Sunvar did not even file a supersedeas bond and deposit the accruing rentals every month as required by the Rules of Court to stay the execution pending appeal,” Calida said.

The said property is at present being leased out by Sunvar to the operators of Premier Cinema, Mile Long Arcade, Makati Creekside Building, The Gallery Building, and Sunvar Plaza.

Other portions of the property, however, remain as open spaces, profitably utilized as a parking area for customers and guests. (PNA)

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