Lito Atienza's Blog

ATIENZA STEPS IN OVER REPOSSESION OF A PRIME PROPERTY IN FORBES PARK | September 15, 2009

Department of Environment and Natural Resources (DENR) Secretary Lito Atienza leads the repossession of a 2,600-square meter DENR property located along Mc Kinley Road in Forbes Park, Makati City that was abandoned by the lessee with a Php7-million unpaid rental. Atienza stressed that “collection and not connection” motivated the DENR to pursue the case under his administration which is committed on the impartial implementation of the law. Charges will be filed against the lessee as the prime property is set to be auctioned.

Department of Environment and Natural Resources (DENR) Secretary Lito Atienza leads the repossession of a 2,600-square meter DENR property located along Mc Kinley Road in Forbes Park, Makati City that was abandoned by the lessee with a Php7-million unpaid rental. Atienza stressed that “collection and not connection” motivated the DENR to pursue the case under his administration which is committed on the impartial implementation of the law. Charges will be filed against the lessee as the prime property is set to be auctioned.

The Department of Environment and Natural Resources has initiated all legal proceedings in the repossession of a government-owned property along Mckinley Road in Forbes Park, Makati City. This came about after a realty firm leasing the 2,333-square meter lot failed to pay its back rentals to the DENR for six years, amounting to P5.6 million.

We are just getting what is due to the government which the realty firm has refused to take heed despite repeated notices served them as early as in 2005, noting that a complaint against NGO Realty Development Corp., under Civil Case No. 98770, has already been lodged with the Metropolitan Trial Court of Makati City through the Office of the Solicitor General Agnes VST Devanadera.

Our move to file the case against the lessee is a proof of the Department’s impartial enforcement of the law. We will definitely spare no one in our law enforcement campaign, not even the rich and the powerful.

DENR records show that the premise, with an address at 12 (formerly 13) Mckinley Road, is covered by Transfer Certificate of Title (TCT) No. 17810 issued by the Registry of Deeds of Makati City to the government “as owner thereof” described as Lot 2, Block 2, Psd-26554.

On August 31, 1994, the DENR’s Land Management Bureau (LMB) signed a 20-year lease contract with a certain Angelina Go, allowing the government through the DENR-LMB, to increase the rent due every five years based on the reappraisal of the value of the land and improvements.

Consequently, Angelina Go, in January 2001, entered into a contract with NGO Realty Development Corp., assigning her leasehold rights to the realty firm through its president identified as a certain Patrick Tong with business address at 420 Urbiztondo Street, San Nicolas, Binondo, Manila.

The assignment of Go’s lease over the premises to Tong’s firm was in turn approved by then DENR-LMB Director Ernesto Adobo, with a provision that the same terms and conditions of the lease contract between Go and the DENR-LMB is enforced. .

On August 4, 2004, “pursuant to the contract lease,” the DENR-LMB reappraised the property and increased the monthly rental rate to P86,076.67 or an annual rate of P1,032,920.04 million effective August 1, 2004.

From that time, Tong’s firm refused to pay its lease.

The rental rate was again reappraised in 2005, with the annual rate increasing to P1,653,407.11. A notice to pay was sent to the firm on February 17 that year.

Another demand letter, dated June 22, 2006, directed Tong’s firm to pay the unpaid rentals and interest in the amount of P2,835,565.06 as of January 15, 2006.

On January 11, 2007, the DENR-LMB served notice to the firm informing it to vacate the property because the lease contract had been terminated for failure to pay the rentals in violation of the terms and conditions of the lease contract, and to pay the arrearages amounting to P2,335,565.06.

On July 24, the LMB-DENR wrote a final demand letter reiterating its demand to vacate the leased premises and pay the arrearages in the same amount (P2,335,565.06).

On August 21, 2008, the DENR-LMB posted final demand letter on the premises.

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