THE Court of Appeals dismissed the petition filed by Volunteers Against Crime and Corruption seeking to stop the conversion of the Army and Navy Club in Manila into a boutique hotel and a casino gaming facility.
In a six-page resolution dated Feb. 28 but released to media only on Wednesday, penned by Associate Justice Ramon Garcia and was concurred in by Associate Justices Leoncia Dimagiba and Jhosep Lopez, the CA’s Fifteenth Division dismissed VACC’s petition for certiorari and prohibition for violating the principle on hierarchy of courts.
This means the Oceanville Hotel and Spa Corp. will continue the conversion of the facility.
The CA explained the petitioner’s violation of the principle on hierarchy of courts 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.
“Unfortunately, the present petition for certiorari is bereft of any compelling reason or circumstance to warrant an exception to the rule,” the CA explained.
The appellate court also noted the decision of the Manila City government to enter into an agreement with private entities for the development of the Army Navy Club and the approval of the development by the National Historical Commission of the Philippines could not be considered a judicial, quasi-judicial or ministerial action that could 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.
The group’s petition primarily seeks the nullification of the agreement among respondents Philippine Amusement and Gaming Corporation, the city government of Manila, National Historical Commission of the Philippines, Oceanville Hotel and Spa Corporation and Vanderwood Management Corporation for the development of the Army Navy Club and to enjoin them from converting the said property into a boutique hotel and casino game facility, VACC’s proper remedy is to file a civil action for annulment of contract which falls under the jurisdiction of the trial courts.
”Neither certiorari nor prohibition is the remedy in the present case. Wherefore, the instant petition for certiorari is hereby dismissed. Accordingly, this case is considered closed and terminated,” the CA decision read.
Named respondents in the petition were the Philippine Amusement and Gaming Corporation, the city government of Manila, National Historical Commission of the Philippines, Oceanville Hotel and Spa Corporation and Vanderwood Management Corporation.
In 2014, the Manila city government 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.
