The Court of Appeals has sustained its earlier decision that effectively allows Edna Camcam, a long-time partner of the late Armed Forces Chief of Staff Fabian Ver, to stay in the controversial Forbes mansion property pending resolution on ownership dispute.
In a two-page resolution issued on September 30, 2020, the CA’s Second Division upheld its February 21, 2017 decision and denied the motion for reconsideration filed by Dr. Daniel Vasquez for lack of merit.
The appellate court ruled that there is no “valid ground to reverse, modify, or set aside” its previous ruling.
In the said ruling, the CA set aside the decision issued by the Regional Trial Court Branch 66 of Makati City on February 10, 2014 which declared Vasquez as the rightful possessor of the subject property and directed Camcam to vacate the property.
The lower court also ordered Camcam to pay P250,000 per month from her receipt of demand to vacate up to the time that the subject property is actually vacated.
However, the CA ruled that it is the Metropolitan Trial Court which has jurisdiction over the said property being an unlawful detainer case, thus, the RTC should not have decided on the merits of the case.
Consequently, the appellate court directed that the case be remanded to the MeTC for further proceedings.
Prior to the controversy, Vasquez claimed that Ver asked him to provide Camcam and her children a home as they were returning to the Philippines from exile.
Being Ver’s long-time friend, Vasquez offered the Forbes Park mansion which was acquired from the United Coconut Planter Bank through Benjamin Bitanga.
On September 27, 1994, Bitanga executed a Sale with Right of Repurchase over the property in favor of Vasquez.
On the same day, Camcan issued the guaranty declaring Vasquez as the owner.
In their quest to wrest control of the property, Camcam and Bitanga questioned the original sale of the property from UCPB to Bitanga and then to Vasquez.
They said the real intention was to enter into a loan transaction and not a sale.
The trial court did not buy the argument and said the two did not even bother to annul the document, taking cognizance of Camcam’s claim that she was a veteran banker and an expert in mortgage transactions.
