SC stops government plan to lease historic Phl residence

MANILA, Philippines - The Supreme Court (SC) has temporarily stopped the government’s plan to lease the historic residence of the Philippine ambassador in Tokyo, Japan for the construction of a 21-story residential and commercial building.

In a three-page order released yesterday, the Court ordered the government to observe the status quo prevailing before the public bidding for the right to lease and develop the Fujimi property.

The SC also directed petitioners former Sen. Aquilino Pimentel Jr., former Ambassador Jose Macario Laurel IV, and the Philippine Ambassadors Foundation Inc. (PAFI) and respondents, including the Department of Finance and Department of Foreign Affairs, to submit

their respective memoranda within 30 days from receipt of notice before the case would be submitted for decision.

The Court was acting on a supplemental motion filed by petitioners last July 12 reiterating their prayer for injunctive relief against the plan of government to sell the property in Fujimi, Chiyodaku in Tokyo in a petition filed in December last year.

The planned lease of the property suffered several setbacks earlier this year after bidders failed to meet financial requirements set by DOF.

The lease was supposed to generate P3 billion for the government that needs additional funds to minimize a deficit expected to hit P293 billion this year.

In a 40-page petition, Pimentel and Laurel asked the SC to stop the public bidding of the 5,219.55-square meter land dubbed as Fujimi property.

Petitioners, through lawyer Catalino Aldea Generillo, specifically questioned published invitation of government for the bidding of the property set last Nov. 11 despite earlier assurance of then Executive Secretary Eduardo Ermita that the proposed demolition of the property was put on hold by order of then President Gloria Arroyo.

The petitioners said Finance Undersecretary and Bids and Awards Committee for the Government Properties in Japan (BAC-Japan) chairman Estela Sales has caused the publication of the invitation to apply for eligibility “for the right to lease and develop Fujimi property and/or from awarding the right to any party that participated in such public bidding” last Sept. 15 and 16 in a major daily newspaper.

“It is clear in the facts that the dubious acts of the respondents, if not restrained, will involve demolishing a historical structure rich in cultural and heritage value to the Filipino and Japanese people alike. Once the historical residence is demolished, the loss to both countries and peoples would be incalculable and permanent,” they argued.

The Fujimi property was bought during World War II in March 1944 by then President Jose Laurel and has been the residence of the Philippine ambassadors since the time of Jorge Vargas.

Records showed that petitioners Laurel and PAFI, represented by former Ambassador Alfonso Yuchengco, have already expressed opposition to the proposed demolition of the government property in Japan.

In their letter to then President Gloria Macapagal-Arroyo on June 10, 2009, they said the old building has rich historic value.

The Philippine National Historical Committee installed a marker on the building on March 9, 1952, stating that it was established during the Tokugawa Shogunate.

“The Philippine Ambassadors Foundation wishes to express its reservation to the proposed demolition of the historic embassy residence not only because it would be detrimental to the preservation of our culture, heritage and national patrimony but also in contravention of Presidential Decree No. 1505 dated June 11, 1987,” the letter stated.

The provision declares “unlawful the repair, modification or destruction of original features of any national shrine, monument and other important historic edifices,” explained petitioners.

The law, they added, also requires the permission of the chairman of the National Historical Institute prior to the demolition or alteration of an historical edifice.

Pimentel filed Senate Resolution No. 1414 directing the Senate Committee on Foreign Relations to conduct an investigation in aid of legislation, into the alleged proposed demolition of the Fujimi property.

He said the Fujimi property is considered as the most

beautiful ambassador’s residence in the world.

Petitioners said that in case public bidding has already been concluded, the SC should stop the implementation of the award.

Named respondents in the case were then Finance Secretary Margarito Teves, Foreign Affairs Secretary Alberto Romulo, Sales, Foreign Affairs Undersecretary Franklin Ebdalin, Deputy Executive Secretary and member of the BAC-Japan Natividad Dizon, Budget and Management undersecretary and BAC-JAPAN member Laura Pascua, Public Works Undersecretary and BAC-Japan member Bashir Rasuman and Chief State Counsel and BAC-Japan member Ricardo Paras III.