CA affirms ruling vs Marcos claim on Paoay property

By Edu Punay, The Philippine Star

Posted at Jun 04 2014 05:00 AM | Updated as of Jun 04 2014 01:00 PM

MANILA, Philippines - The Court of Appeals (CA) has affirmed its ruling junking the bid of the heirs of the late President Ferdinand Marcos to reclaim a sequestered 57-hectare property in Paoay, Ilocos Norte that includes the popular Grand Ilocandia resort.

In a three-page resolution, the former Third Division of the appellate court denied the motion for reconsideration filed by Sen. Ferdinand “Bongbong” Marcos Jr.

The CA held that the arguments raised in the appeal have been considered in a ruling it handed down in September last year.

“We find no reason to disturb our earlier decision. The respondent estate’s motion contains merely a reiteration or rehash of arguments already submitted to and determined to be without merit by the Court,” read the new ruling penned by Associate Justice Apolinario Bruselas Jr.

In its earlier ruling, the CA granted the petition filed by the Presidential Commission on Good Government and the Philippine Tourism Authority, which sought the dismissal of a detainer complaint filed by the Marcos estate through the senator.

The CA held that the trial court of Ilocos as well as the Municipal Circuit Trial Court (MCTC) of Paoay-Currimao, which both ruled in favor of the Marcoses, have no jurisdiction on the detainer case since the issue has been brought before the anti-graft court.

In their appeals, the Marcos family insisted that the CA erred when it held that the case is not merely an unlawful detainer action, as it is a claim of possession based on an assertion of ownership.