SBMA defies court order to give up rule
The Subic Bay Metropolitan Authority continues to defy the order of Branch 72 of the Olongapo City Regional Trial Court to turn over to the Financial Building (Subic Bay) Corp. the control of the 132 units at El Kabayo (popularly known as Forest Hills Village Resort).
The court also ordered the authority to refrain from obstructing the operation of the housing units or committing acts inimical to FBC’s interest in managing Forest Hills Village Resort.
In a decision signed by Presiding Judge Ramon S. Caguioa, the court ruled that the corporation has the legal right to manage and control the resort’s housing units.
The court is convinced that when the guests/tourists staying at the resort were inconvenienced by the physical takeover of SBMA, the consequent disturbance and confusion gave FBC a negative image.
The court noted that the corporation has been managing the housing units since January 15, 1998, pursuant to its lease and development agreement with the Subic authority, which will expire on October 30, 2040. The authority took control of the housing complex on July 21, under the strength of a notice of closure and takeover, forcing FBC to seek for an injunctive relief.
The financial corporation got a writ of preliminary injunction from the court on December 21, 2005. Armed with the order, Sheriff Leonardo Madarang served the writ of injunction to the SBMA legal office on December 22 and asked the law-enforcement department’s help for implementation. He was ignored.
Instead of peacefully turning over control and of the housing units as ordered, Subic Bay legal counsels Carlitos Cruz, Rizal Katalbas and Ramon Agregado refused to yield. The SBMA overpowered Madarang, summoning truckloads of its police and SWAT teams and creating a hostile and tensed environment.
Resort employees were shocked when SBMA positioned a machine gun fronting their rental office as fully armed agents massed up against them.
Armed with the hope of getting back their employment, the employees of Forest Hills retreated, asking themselves if SBMA is above the law.
The FBC (Subic) hopes that SBMA realizes that its open defiance to the law will add to the negative image of the then peaceful tourist destination of Subic Bay during the Gordon and Payumo administrations. (ABS-CBN NEWS)
The court also ordered the authority to refrain from obstructing the operation of the housing units or committing acts inimical to FBC’s interest in managing Forest Hills Village Resort.
In a decision signed by Presiding Judge Ramon S. Caguioa, the court ruled that the corporation has the legal right to manage and control the resort’s housing units.
The court is convinced that when the guests/tourists staying at the resort were inconvenienced by the physical takeover of SBMA, the consequent disturbance and confusion gave FBC a negative image.
The court noted that the corporation has been managing the housing units since January 15, 1998, pursuant to its lease and development agreement with the Subic authority, which will expire on October 30, 2040. The authority took control of the housing complex on July 21, under the strength of a notice of closure and takeover, forcing FBC to seek for an injunctive relief.
The financial corporation got a writ of preliminary injunction from the court on December 21, 2005. Armed with the order, Sheriff Leonardo Madarang served the writ of injunction to the SBMA legal office on December 22 and asked the law-enforcement department’s help for implementation. He was ignored.
Instead of peacefully turning over control and of the housing units as ordered, Subic Bay legal counsels Carlitos Cruz, Rizal Katalbas and Ramon Agregado refused to yield. The SBMA overpowered Madarang, summoning truckloads of its police and SWAT teams and creating a hostile and tensed environment.
Resort employees were shocked when SBMA positioned a machine gun fronting their rental office as fully armed agents massed up against them.
Armed with the hope of getting back their employment, the employees of Forest Hills retreated, asking themselves if SBMA is above the law.
The FBC (Subic) hopes that SBMA realizes that its open defiance to the law will add to the negative image of the then peaceful tourist destination of Subic Bay during the Gordon and Payumo administrations. (ABS-CBN NEWS)
posted by OlongapoCity Zambales at
8:46 AM
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