CA orders conveyance of Pasay lots to Sy

THE Court of Appeals (CA) affirmed a Makati court’s decision ordering the Philippine National Construction Corporation (PNCC) to convey and transfer the title and ownership of a lot in Pasay City to business tycoon Henry Sy.

In a 22-page decision penned by Associate Justice Michael Elbinias, the CA’s Thirteenth Division denied the petition filed by the Philippine Estates Authority (PEA) as it affirmed the judgment rendered by the trial court of Makati City ordering PEA to deliver possession of the 19,274-square meter lot located at the Central Business Park-1 (CBP-1) Island A in Pasay City covered by a transfer of title as repayment for the P85-million advance payment made to PEA by Sy, through assignor Shoemart Inc. (SM).

SM and PEA entered into an agreement wherein the latter undertook to clear CBP-1 of all informal settlers while SM agreed to advance the funds necessary for the said purpose. The fund was paid for the clearing of informal settlers.

When the issue reached the court, the Makati tribunal rendered a ruling in favor of Sy on February 28, 2008.

PEA argued that the lower court erred when it failed to take into consideration the importance of the Commission on Audit’s (COA) advice to resolve the subject matter of the controversy.

PEA also faulted the court when it allegedly failed to appreciate the fact that it took SM more than nine years to finally choose the parcel of land.

In junking PEA’s petition, the appeals tribunal held that “the trial court’s conclusions and findings of fact are entitled to great weight and should not be disturbed unless for strong and cogent reasons, because the trial court is in a better position to examine real evidence, as well as observe the demeanor of the witnesses during trial.”

The CA added that the Makati RTC was right when it ruled in Sy’s favor as its findings were based on pertinent laws and jurisprudence.

JOMAR CANLAS