The recent takeover of the Subic Bay Golf and Country Club last June 8 leads to many speculations and opinions. Some says it is the right thing to do while some says the court order should have been followed. This article is about the legality of the takeover and the alleged violation of the constitution that the takeover of the SBMA had done. This view and opinion is based upon the author’s knowledge and understanding of the said topic.
Article 3 Section 1 of the “Bill of Rights”
“No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the law.”
It is clear that the first article of the bill of right states that no person shall be deprived of his right to due process and equal protection of the law and that goes to either Filipino or foreigner alike. By terminating the lease without a court order the lessor or the SBMA had clearly violated this right. As one of the lawmaker quoted on the newspaper, “A contract lease can only be terminated in two ways, first is the expiration of contract; second is the non - payment of rental or violation of the contract of lease. And the only remedy available for the lessor to eject the unlawful tenant is to file a case to the court based on any of the two reasons; first is the expiration of contract; second is the non - payment of rental or violation of the contract of lease. ”
Mrs. Susan Ho President of the United International Group and Development Corporation the firm which operates the Subic Bay Golf and Country Club holds a 50 years Lease and Development Agreement with the Subic Bay Management Authority.
Clearly the Subic Bay Management Authority did not follow nor did they file a case on the court against the tenant for terminating the contract. The tenant Universal International Group and Development Corporation already have an injunction letter from the court which should have prevented the SBMA from ordering a cease and desist order. The SBMA Management ignored the injunction letter and treated it as a mere scrap of paper as per report of the sheriff that personally delivered the writ of injunction relief to the SBMA Management.
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