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

Loading...

Editor’s note:Yahoo Philippines encourages responsible comments that add dimension to the discussion. No bashing or hate speech, please. You can express your opinion without slamming others or making derogatory remarks.

  • N. Korea fires missiles in anger at South-US military drills
    N. Korea fires missiles in anger at South-US military drills

    North Korea fired two short-range ballistic missiles into the sea and vowed "merciless" retaliation Monday as the US and South Korea kicked off joint military drills denounced by Pyongyang as recklessly confrontational. The annual exercises always trigger a surge in military tensions and warlike rhetoric on the divided peninsula, and analysts saw the North's missile tests as a prelude to a concerted campaign of sabre-rattling. "If there is a particularly sharp escalation, we could see the …

  • Couple married 67 years holds hands in final hours together
    Couple married 67 years holds hands in final hours together

    FRESNO, Calif. (AP) — After spending 67 years together as devoted husband and wife, there was no question how Floyd and Violet Hartwig would end their lives — together. …

  • Hijacked Indonesian vessel found in Davao
    Hijacked Indonesian vessel found in Davao

    An Indonesian cargo vessel that was hijacked a month ago in North Sulawesi, Indonesia has been found stuck in the waters off Mati, Davao Oriental, the Philippine Coast Guard (PCG) reported yesterday. PCG spokesperson Armand Balilo said the PCG- Southeastern Mindanao district was informed on Feb. 23 that the M/T Rehoboth was found aground off Barangay Cabuaya. Four personnel from the local PCG district office were sent to verify the report. The vessel was reportedly hijacked by …

  • 'Jihadi John' relatives under watch in Kuwait
    'Jihadi John' relatives under watch in Kuwait

    Kuwaiti authorities are closely monitoring several relatives of "Jihadi John" who live and work in the Gulf emirate where the Islamic State executioner was born, press reports said on Sunday. A number of relatives of Mohammed Emwazi, named as the militant who has beheaded at least five Western hostages, are working in Kuwait and like him hold British citizenship, Al-Qabas newspaper reported. "Security agencies have taken the necessary measures to monitor them round the clock," the paper said, …

  • Military steps up offensive vs BIFF, Abu Sayyaf
    Military steps up offensive vs BIFF, Abu Sayyaf

    Armed Forces of the Philippines (AFP) chief Gen. Gregorio Pio Catapang Jr. has ordered the sustained campaign against the Abu Sayyaf and the Bangsamoro Islamic Freedom Fighters (BIFF) following the successive offensives against the armed groups last week. A total of 24 Abu Sayyaf bandits and two soldiers were killed in recent clashes in Sulu last week. The Joint Task Group Sulu has received information that Abu Sayyaf leader Radulan Sahiron was wounded during one of the encounters but this is …

  • Militants want US Marines pulled out of Negros
    Militants want US Marines pulled out of Negros

    The militant group Bagong Alyansang Makabayan (Bayan) is calling for the pullout of US Marines who arrived in Sagay City, Negros Occidental last Wednesday to train Special Action Force (SAF) commandos and members of the allied forces. The SAF commandos and the allied forces will secure the Asia-Pacific Economic Cooperation (APEC) ministerial meeting in this city. Bayan-Negros secretary general Christian Tuayon said the US troops might violate the human rights of activists, especially those …

  • Interview: Australia says hunt for missing MH370 jet may be called off soon
    Interview: Australia says hunt for missing MH370 jet may be called off soon

    By Matt Siegel CANBERRA (Reuters) - The search for missing Malaysia Airlines Flight MH370 cannot go on forever, Australia's deputy prime minister said, and discussions are already under way between Australia, China and Malaysia as to whether to call off the hunt within weeks. No trace has been found of the Boeing 777 aircraft, which disappeared a year ago this week carrying 239 passengers and crew, in what has become one of the greatest mysteries in aviation history. The search of a rugged …

  • Binay backs house arrest for JPE, GMA
    Binay backs house arrest for JPE, GMA

    Vice President Jejomar Binay yesterday supported proposals to put Sen. Juan Ponce Enrile and former President now Pampanga Rep. Gloria Macapagal- Arroyo under house arrest. “Government prosecutors are opposing house arrest for… Enrile. Binay issued the statement after the 91-year-old Enrile was rushed to the Makati Medical Center on Thursday due to pneumonia. House arrest for him would be the compassionate thing to do,” he added. …

POLL

Should Aquino be held accountable over the Mamasapano operations?

Loading...
Poll Choice Options