President
Rodrigo Roa Duterte in his speech in North Cotabato he reminded the audience of
the transgressions of Inquirer and that of Dunkin Donut as regards the
Philippine government.
“You son of a b****, Inquirer,
everyone. You are silent. Because you are the mouthpiece of oligarchs in the
Philippines. You son of a b**** Inquirer, you are on the take," President
Duterte said.
"You are no better than a
prostitute. You sell your talent to the rich. Against the poor. Yan. That's why
I have always been angry with the rich," he added.
"They did not pay taxes,
just like donut, just like Inquirer," Duterte said, apparently referring
to the Prietos, the family that owns the broadsheet and the exclusive
Philippine franchisee of Dunkin' Donuts.
President Duterte's new target, Prieto's Inquirer and Dunkin Donuts (photo credit to owner) |
In
one of the published article of Mr. Rigoberto Tiglao in Manila Times titled “Inquirer
owners’ unpaid rentals on govt’s ‘Mile Long’ prime property: P2B” said
that:
Can
you imagine anywhere else in the world where a rich family manages to control a
government-owned urban prime property, and sublease it to businesses, even if
its lease had ended 14 years ago? What a country ruled by oligarchs! Or perhaps
as I pointed out in my previous column: such is the power of media in the
Philippines.
For reasons unexplained or perhaps expected, the case dragged on
that government asked the Supreme Court for help, which issued a decision in
June 2012 that practically said the Rufino/Prieto firm should pay ASAP what it
owned the state, since it didn’t even challenge the “factual issues” of the
case:
“The Court notes that respondent Sunvar has
continued to occupy the subject property since the expiration of its sublease
on 31 December 2002. The factual issue of whether respondent has paid rentals
to petitioners from the expiration of the sublease to the present was never
raised or sufficiently argued before this Court. Nevertheless, it has not
escaped the Court’s attention that almost a decade has passed without any
resolution of this controversy regarding respondent’s possession of the subject
property…
The Court emphasizes the duty of the lower
court to speedily resolve this matter once and for all, especially since this
case involves a prime property of the government located in the country’s
business district and the various opportunities for petitioners to gain public
revenues from the property.”
For
purposes of full transparency, public knowledge, truthfulness, and clarity we
have quoted in full below said article of Mr. Tiglao.
Inquirer
owners’ unpaid rentals on govt’s ‘Mile Long’ prime property: P2B
Including Dunkin’ Donuts P1.5B, that’s P3B
RENT on the state-owned prime Makati property called the Creekside/Mile Long complex which the Rufino/Prieto family, the main owners of the Philippine Daily Inquirer (PDI), owe government—but to this day have not paid—would total a mammoth P1.8 billion, computed up to May this year, according to a government suit filed in 2009.
RENT on the state-owned prime Makati property called the Creekside/Mile Long complex which the Rufino/Prieto family, the main owners of the Philippine Daily Inquirer (PDI), owe government—but to this day have not paid—would total a mammoth P1.8 billion, computed up to May this year, according to a government suit filed in 2009.
(The PDI’s main,
controlling owners are the Rufino/Prieto family with 75 percent. The next
biggest shareholder, with 25 percent, is a firm set up using the pension fund
of PLDT, which Indonesian magnate Anthoni Salim controls.)
If government’s claims are
valid, and its figures accurate, the Rufino/Prietos’ liabilities through their
firm Sunvar Realty and Development Corp. would be this P1.8 billion, plus the
P1.5 billion alleged tax evasion by another firm they own, Dunkin’ Donuts. That
would total nearly P3 billion, putting them in the league of Chinese-Filipino
tycoons notorious for being tax evaders.
No wonder President
Duterte himself angrily said in a recent speech that he will investigate the
case, which was reported to him as having been a “sweetheart deal” when it was
leased by a state firm to the Rufino/Prietos’ firm Sunvar Realty Development
Corp.
The
P1.8 billion figure is based on what then President Arroyo’s Solicitor General
Agnes Devanadera in 2009 through the metropolitan trial court asked Sunvar to
pay, using figures determined by the government’s Privatization Management
Office that had taken over the property. This consists of ₱630 million for the “illegal and unauthorized” use and occupation of the property
from 2003 to March 31, 2009, and ₱10.4
million per month from April 2008 until the property was surrendered to
government.
TWO PRESIDENTS, TWO TREATMENTS: Could the Mile Long case (background) explain it?- Tiglao (photo credit to Manila Times) |
The
property was originally leased to the Prieto firm in 1980 and 1983, allegedly
at a scandalously low rental by the Technology Resource Center Foundation,
controlled at the time by Imelda Marcos. The lease expired in 2002, although
the Prietos continued to control the property as if nothing happened, and
refused to vacate it.
If you think that P1.8
billion figure is unbelievably huge, consider the following. The Rufino/Prieto
firm continued to control the 22,900-square meter prime commercial property in
Makati (between Amorsolo and Chino Roces Avenue, valued now at about P6
billion) and collected rentals from the over 400 stores there for 14 years,
after its lease expired in 2002. That P1.8 billion amount translates to a
measly rent of P360 per square meter per month government is asking Sunvar to
pay—a give-away price in a prime area where rents are at least P50,000 per sq.
m. per month.
Country
of oligarchs
Can you imagine anywhere else in the world where a rich family manages to control a government-owned urban prime property, and sublease it to businesses, even if its lease had ended 14 years ago? What a country ruled by oligarchs! Or perhaps as I pointed out in my previous column: such is the power of media in the Philippines.
Can you imagine anywhere else in the world where a rich family manages to control a government-owned urban prime property, and sublease it to businesses, even if its lease had ended 14 years ago? What a country ruled by oligarchs! Or perhaps as I pointed out in my previous column: such is the power of media in the Philippines.
For reasons unexplained or
perhaps expected, the case dragged on that government asked the Supreme Court
for help, which issued a decision in June 2012 that practically said the
Rufino/Prieto firm should pay ASAP what it owned the state, since it didn’t even
challenge the “factual issues” of the case:
“The
Court notes that respondent Sunvar has continued to occupy the subject property
since the expiration of its sublease on 31 December 2002. The factual issue of
whether respondent has paid rentals to petitioners from the expiration of the
sublease to the present was never raised or sufficiently argued before this
Court. Nevertheless, it has not escaped the Court’s attention that almost a
decade has passed without any resolution of this controversy regarding
respondent’s possession of the subject property…
The
Court emphasizes the duty of the lower court to speedily resolve this matter
once and for all, especially since this case involves a prime property of the
government located in the country’s business district and the various
opportunities for petitioners to gain public revenues from the property.”
Only in the Philippines:
Even with the order of the Supreme Court, it still look three years for the
lower court to issue a decision. Metropolitan Trial Court Judge Barbara Aleli
Briones in July 2015 ordered the Rufino/Prieto firm to pay up, although she
reduced the amount to P555 million, 30 percent of the P1.8 billion government
asked.
Sunvar would certainly go
bankrupt if it is asked to pay just that P0.6 billion, as its assets amount to
only P400 million.
In a country where there
is a rule of law, and perhaps where even the most powerful media firm is
treated just like any other firm, the Rufino/Prieto firm would have paid up
immediately, and the story would have ended.
Next
court levels
But not in the Philippines. The Rufino/Prieto firm filed several cases in the next levels of the court system, all of which did not question the facts of the case but merely raised such obscure technicalities as the metropolitan court’s jurisdiction and the need to consolidate all cases—which the company itself filed.
But not in the Philippines. The Rufino/Prieto firm filed several cases in the next levels of the court system, all of which did not question the facts of the case but merely raised such obscure technicalities as the metropolitan court’s jurisdiction and the need to consolidate all cases—which the company itself filed.
The orders last year up to
March 2017 of the judges involved—Makati Regional Trial Court Branch 141
Maryann Corpus-Manalac and MRTC Branch 59 Judge Winlove Dumayas—have in effect
allowed the Rufino/Prietos, to maintain the status quo—to control the property,
collect rents from businesses there, and ignore government’s decade-long effort
to collect P550 million to P1.8 billion from this billionaire clan.
Isn’t it uncanny that the
efforts to reclaim the Creekside/Mile Long property started during the watch of
President Macapagal-Arroyo, whom the PDI demonized, were practically suspended
during the entire term of President Aquino, whom the paper unabashedly idolized
and supported? And that the first real court decision on the matter was in July
2015, when Aquino just had a year to go?
Guess who really gets to
appoint judges to higher level, even up to the Supreme Court? Such is the sad
state of our institutions.
It would be so tragic if
after fourteen long years, government because of sheer incompetence fails to
recover a prime property and to get its rent from one of the richest clans in
the country have managed not to pay.
What would the hundreds of
thousands of urban poor squatters in the metropolis say when riot police try to
eject them? “Why us poor, not the rich squatting on prime government land?”
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Report from Manila Times
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