Court denies AMB ALC’s motion to dismiss case
2012 MC ADORE SALE
THE trial of the civil case in connection with the controversial sale of the MC Adore hotel properties by the Dagupan City government will continue.
This after the motion for reconsideration to dismiss the case filed by AMB ALC Holdings and Management Corporation, one of the defendants in the civil case filed by taxpayer Leo Angeles in connection with the sale of the MC Adore hotel properties, was dismissed by the court for lack of merit.
In his November, 2015 five-page resolution, Regional Trial Court Judge A. Florentino R. Dumlao Jr. denied the motion filed by AMD ALC in connection to Civil Case No. 2014-0097-D filed against the defendants by plaintiff Leo Angeles, a taxpayer.
The defendants in the civil case are the City Government of Dagupan, former Mayor Benjamin S. Lim, Jesus Canto, Alvin Coquia, Romelita Alcantara, Virgil Tangco, Terersita Manaois, Eduardo Magno, Ricardo Victoria, Lelia Chua-Sy, Mayor Belen T, Fernandez who took over from Mayor Lim; and AMB ALC Holdings and Management Corporation.
The AMC ALC had alleged that “the amendment unduly and procedurally attempts to convert a collateral into a direct attack on AMB ALC’s title”, calling such amendment an undue strategy that surprises the company to its prejudice.”
It said that “a mere amendment may not cure the inherent defect in the complaint for Reconveyance as the plaintiff (Angeles) does not rely on the strength of his title, as required under Article 434 of the Civil Code.”
Adding that “Even in the assumption that the subject land is strictly public in nature, the amendment could not have cured the inherent defect of the complaint as only the State can file a suit for Reconveyance of and cancellation of title over a public land,” AMB ALC said.
However, the court said that after a careful examination and analysis of the grounds relied upon by the movant, finds the same to be misplaced and off-tangent as well as the jurisprudence relied upon.
In refuting the motion, the court said it should be liberal in allowing amendments to pleadings to avoid multiplicity of suits and in order that the real controversies between the parties are presented, their rights determined and the case decided on the merits without unnecessary delay.
This liberality is greatest in the early stages of a lawsuit, especially where the amendment was made before trial of the cases thereby giving a party all the time allowed by law to answer and to prepare for trial, citing Br. 39 189 SCRA 820 in the Metropolitan Bank v. Presiding Judge, RTC Manila.
In denying the motion of AMB ALC, the Court further found the plaintiff (Angeles) is a real-party-in-interest who has a clear and unmistakable right to the use and enjoyment of the subject properties (MC Adore).
Upholding Angeles’ position, the court said that the same has been purchased using public funds and intended for the benefit and welfare of the residents of Dagupan City in which plaintiff is one of them.
It will be recalled that the Dagupan City government then under former Mayor Benjamin Lim bought MC Adore from the Assets Privatization Trust which acquired the foreclosed properties from the Development Bank of the Philippines (DBP) in 2001. When Lim returned to his former post in 2010, the city government sold the properties to AMC ALC in 2102 under controversial circumstances.
In denying AMB ALC’s motion, the Court recognized that the plaintiff has also the right to see to it that the subject properties purchased by public funds are utilized for the purpose for which they were purchased and if and when they were disposed, then plaintiff has all the clear right that the disposal should also be made in accordance with law and procedure.
Judge Dumlao said that private individuals like the plaintiff who seeks to procure the enforcement of a public duty “are real party-in-interest”. The real party-in-interest is the party who would be benefited or injured by the judgment, or the party entitled to the avails of the suit. (Leonardo Micua)
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