In a one-page order, RTC Branch 117 Judge Henrick Gingoyon said "concessionaires appear to have a right to remain in possession of the premises they are authorized to occupy under the concession agreement." The TRO is effective from June 22 to July 11.
The suspension of the park’s scheduled closure tomorrow is the "inevitable consequence" of the TRO, said lawyer Oliver Lozano, who represents the park’s 36 concessionaires.
The 20-year-old park was scheduled to be closed tomorrow to give way for the construction of a dual taxiway needed for the new Ninoy Aquino International Airport (NAIA) Terminal 3.
This required the Nayong Pilipino Foundation, Inc., (NPFI) to transfer 8.6 hectares of the park’s land to the Manila International Airport Authority (MIAA).
A memorandum of agreement (MOA) was signed by NPFI Executive Director Charito Planas and MIAA General Manager Edgardo Manda last May 8.
In their complaint, the concessionaires said the Presidential Decree 37 that created the NPFI expressly prohibits "transfer of title of the land covered by said decree without previous authorization by the President of the Republic of the Philippines."
Lozano also explained that a congressional repeal of PD 37 is needed before NPFI could close the park, which was supported by a letter from the Department of Tourism (DoT) dated May 30 and from the Department of Budget Management (DBM) dated June 4, as well as an Aide Memoire from the DoT last May 30, 1997.
PD 37 was signed by the late strongman Ferdinand Marcos on Nov. 6, 1972.
Budget Secretary Emilia Boncodin denied Planas’ request to suspend the clothing and uniform allowance of the park’s employees in view of the park’s forthcoming closure. In her letter, Boncodin noted that no law has been passed for the closure of Nayong Pilipino, since it is "presently operating on the basis of Presidential Decree 37," the DBM is thus supporting COA’s opinion that the employees of Nayong Pilipino are still entitled to their clothing allowance for 2002. MIAA had agreed to pay NPFI P500-million as compensation package for the land, with a P50-million downpayment upon signing of the MOA. Planas had said a "new Nayong Pilipino" would be constructed on the remaining 38 hectares. The new park will open in 2003, Planas said.