Army v. Honorable Court… · G.R. 110223

Petitioner: Army
Respondent: Honorable Court of Appeals
Citation: G.R. No. 110223
Court: Supreme Court
Division: First Division
Ponente: Kapunan, J.
Decided: April 8, 1997

Summary

The Supreme Court affirmed the ejectment of Army and Navy Club of Manila from City-owned property for violating lease contract terms. The Club failed to pay P7.2 million in rental arrears over seven years, failed to pay accumulated real estate taxes of over P6 million, and failed to construct a required P50 million multi-story hotel. The Court rejected the Club's defense that it was a historical landmark, finding the 1992 declaration was self-serving and made three years after the ejectment suit as an apparent afterthought. The proper procedure under R.A. 4846 was not followed, and historical recognition does not confer possessory rights. Summary judgment was appropriate as no genuine material fact issues existed, only the Club's admitted breach of clear contractual obligations under Article 1673 of the Civil Code.

Statutes applied

Civil Code, Art. 1673

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By the Intellegal Editorial Board · April 8, 1997

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