Nayong Pilipino files appeal, sues judge over eviction case

An appeal and an administrative case against a regional trial court judge.

Both were filed by Nayong Pilipino Foundation (NPF) with the Court of Appeals (CA) and the Supreme Court (SC), respectively, in an attempt to cover all the bases in its legal fight with the Philippine Village Hotel Inc.(PVHI).

NPF executive director Charito Planas said yesterday the park management has elevated to the CA the decision of Pasay City RTC Branch 111 Judge Ernesto Reyes on the eviction case involving the hotel.

At the same time, the NPF filed an administrative case against Reyes for allegedly "showing ignorance of the law and bias in his decision over tthe appeal of the PVHI."

Planas claimed the judge violated judicial ethics when he rendered his decision.

In an interview, Reyes declined to comment on the case as it would be subjudice, pending the appeal before the CA.

Nevertheless, he emphasized that he followed the rule of law and was guided by SC jurisprudence when he decided on PVHI’s appeal.

"I know that (a judge ) cannot satisfy everybody," Reyes said.

Reyes had denied an NPF motion for a writ of execution of the money judgment in the eviction case heard by a Metropolitan Trial Court (MTC), saying the RTC has already lost jurisdiction over the case with the elevation of his decision to the CA for review.

Apart from the denial of the writ of execution, the NPF also petitioned for review Reyes’ modification of the MTC decision.

In 1997, the former NPF administration and the PVHI agreed to execute the hotel’s lease contract for another 25 years. However PVHI defaulted in the payment of rental starting January 2001.

NPF filed an unlawful detainer or eviction case against PVHI in 2001, which it won.

PVHI was ordered to pay arrearages amounting to more than P26 million as well as to vacate the Nayong Pilipino premises and pay updated back rentals.

PVHI appealed the MTC decision. It was raffled off to Reyes’ sala.

The hotel was built on Nayong Pilipino premises in the mid-70s and closed in May 2001, Planas said.