CA orders Park N Ride property return

The Court of Appeals (CA) has ruled that there was no basis for the unilateral cancellation of the lease contract ordered by then Manila Mayor Isko Moreno on the Park N Ride property.

This comes as the CA affirmed its decision reversing the cancellation of the lease contract and directed the local government of Manila to return the property to the Park N Ride lessee and the Manila Regional Trial Court to conduct proceedings on the money claims of Park N Ride Inc.

In 12 August resolution, the CA Former Fourth Division denied the local government’s motion for reconsideration on its earlier decision.

In its argument, the city government said the cancellation of the lease contract is an executive function that is not allowed for review under a writ of certiorari petition. The city government said it did not commit grave abuse of discretion in canceling the lease.

It also argued that the money claims sought by Park N Ride Inc. cannot be joined in a petition for certiorari, and should be handled by the Commission on Audit.

However, the appellate court said it was not convinced, saying these were a mere rehash of previous arguments that it already ruled upon in its earlier decision.

As for Manila’s objection to the ruling on money claims, the CA said this was raised for the first time in the motion for reconsideration. It said arguments not raised in the trial court may not be raised for the first time on appeal or a motion for reconsideration.

Even if it considers the argument, it would still deny Manila’s motion for reconsideration. It said the Rules of Civil Procedure clearly state that a misjoinder of causes of action is not a ground for the dismissal of an action and that a misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately.

“In sum, we find no reason to justify the reversal or modification of this Court’s 30 April 2024 decision,” it said.

To recall, the case stemmed from Manila’s cancellation of the Park N Ride lease, citing alleged contractual violations. The Manila LGU told Park N Ride Inc. that it wanted to sell the leased property in order to raise funds for its Covid-19 response.