CA stops Nampeidai deal between the PHL govt, Japanese exec

The Court of Appeals on Tuesday issued a temporary restraining order against the implementation of a Pasay court ruling regarding the development of the Philippine-owned Nampeidai property in Tokyo, Japan. The CA TRO temporarily stops the lower court’s ruling ordering the Philippine government to deal directly with Nagayama Taisei Corp.’s (NTC’s) Masahiro Nagayama for the development of the property. In the seven-page decision penned by Associate Justice Elihu Ybanez, the appeals court's Fourteenth Division granted the government's request to stop the implementation of the Pasay court's February 17 writ of execution that favored NTC. The CA said it was issuing the TRO - effective for 60 days or two months - to prevent the government's appeal from being rendered moot if the writ of execution is implemented. "Considering the allegations contained in the petition, this Court finds that there is an extreme urgency to enjoin the trial court from implementing the orders dated February 17, 2012, and April 2, 2012 and the writ of execution issued by the court... it appearing that petitioners are entitled to the relief prayed for and would suffer great and irreparable injury if the trial court would be allowed to continue with the implementation of the execution pending appeal," it said. The CA said that before the Pasay court's writ of execution can be implemented, certain issues should first be resolved including the non-existence of the service development agreement that the government entered into with NTC's attorney-in-fact Masaichi Tsuchiya. The CA likewise directed Tsuchiya and Nagayama to comment on the government's petition with the CA. Tsuchiya had accused Nagayama of misrepresentation when he identified himself as an NTC lead partner and manager, representing the Japanese firm for the Nampeidai project. Tsuchiya argued that no less than

the Office of the President, the Mandaluyong RTC and the appellate court have all sided with him and declared him as attorney-in-fact for the Nampeidai project by virtue of a power of attorney issued to him. The Nampeidai area is one of the Philippines' three properties in Japan that had been offered to investors under a build-operate-transfer agreement. Meanwhile, the government's request for the issuance of a writ of preliminary injunction is to be heard on November 27. NTC secured the Nampeidai project after a successful public bid. The Japanese firm offered to construct a ¥1.7 billion building on the Nampeidai property, while at the same time paying the Philippine government an additional ¥480 million. The Japanese firm also agreed to reserve 22 percent of structure for the Philippine government's exclusive use. It can be used for purposes like housing the Philippine consulate. The development and lease agreement covers a 50 year period. — DVM, GMA News

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