THE Court of Appeals (CA) has dismissed the petition of an anti-crime group seeking the issuance of an injunction to stop the conversion of the historic Army and Navy Club in Manila into a boutique hotel and a casino gaming facility.
In a six-page resolution penned by Associate Justice Ramon Garcia, the CA’s 15th Division dismissed the petition for certiorari and prohibition filed by the Volunteers Against Crime and Corruption instantly for violating the principle on the hierarchy of courts.
The appellate court noted the decision of the Manila City government to enter into an agreement with private entities for the development of the Army and Navy Club and the approval of the development by the National Historical Commission of the Philippines cannot be considered a judicial, quasi-judicial or ministerial action that can be a subject of a petition for certiorari.
“The city of Manila’s execution of the lease contract with Oceanville Hotel and Spa does not fall within the ambit of judicial, quasi-judicial or ministerial function as the same is within its prerogative, powers and authority in the exercise of its executive function. On this court alone, certiorari and prohibition will not lie,” the CA ruled.
On the petitioner’s violation of the principle on hierarchy of courts, the CA said that, while it has concurrent jurisdiction with the regional trial court in issuing the writ of certiorari, direct resort is allowed only when there are special extraordinary or compelling reasons that justify the same,” the CA said.
“Unfortunately, the present petition for certiorari is bereft of any compelling reason or circumstance to warrant an exception to the rule,” it added.
It noted while the petition primarily seeks the nullification of the agreement among respondents Philippine Amusement and Gaming Corp., the city government of Manila, National Historical Commission of the Philippines, Oceanville Hotel and Spa Corp. and Vanderwood Management Corp. for the development of the Army and Navy Club and to enjoin them from converting the property into a boutique hotel and casino game facility.
The CA said VACC’s proper remedy is to file a civil action for annulment of contract which falls under the jurisdiction of the trial courts.
“Wherefore, the instant petition for certiorari is hereby dismissed. Accordingly, this case is considered closed and terminated,” the CA decision read.
In its petition filed last month, the VACC asked the appellate court to issue a temporary restraining order to stop the continuing construction activities at the Army and Navy Club facility and after a hearing to issue a writ or preliminary injunction to stop its conversion into a hotel and casino gaming facility.
In 2014, the city government of Manila entered into a lease contract with Oceanville for 25 years. The contract also allows Oceanville to sublease any part of the Army and Navy Club.
The NHCP then approved Oceanville’s redevelopment plan to renovate and restore the facility for the purpose of using the facility as a boutique hotel whose plan was also approved by the city government.
Oceanville then entered into memorandum of agreement with Vanderwood for the sublease of a portion of the facility for 20 years or from November 2014 to November 2034.
Vanderwood then started construction of a casino gaming facility which it then subleased to PAGCOR for a period of 15 years.