VACC fails to stop historic Army Navy club from being turned into hotel

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VACC fails to stop historic Army Navy club from being turned into hotel
(UPDATED) The next option would be to file for annulment of contract before a regional trial court

MANILA, Philippines (UPDATED) – From Army and Navy Club to boutique hotel and casino.

This is after a group failed in its attempt to stop the conversion of the historic club in Manila into a boutique hotel and casino.

The Court of Appeals (CA) dismissed the petition filed by the Volunteers Against Crime and Corruption (VACC) that sought to stop the conversion of the early 20th century building.

In ruling that the VACC’s petition violated the principle of the hierarchy of courts, the CA said the group could file for a civil action for annulment of contract which falls under the jurisdiction of the trial courts.

Still, the VACC said it filed a motion for reconsideration.

“The  conversion of Army Navy Club, a declared national historical site, into a boutique hotel and casino gaming facility will bastardize and prostitute our cultural and national heritage,” it said.

“The VACC will continue the legal battle all the way to the Supreme Court to ensure that all  our national historical and cultural heritage are protected and preserved,” the VACC said in a statement,” the group added.

Petition

VACC petitioned the appellate court to stop the construction as it insisted that it violates the National Cultural Heritage Law, which requires the preservation and conversion of the country’s cultural properties.

The petition said the “conversion will not only change the physical appearance and usage of the Army and Navy Club but also will have the effect of substantially altering its nature and identity as written in the pages of the country’s history.”

In its dismissal of the petition, the CA’s 15th Division said the VACC violated the principle of hierarchy of courts. Following the principle, the VACC should have filed the petition before a regional trial court and not directly sought relief from the CA.

“Unfortunately, the present petition for certiorari is bereft of any compelling reason or circumstance to warrant an exception to the rule,” the CA decision said.

Agreement with local government

The restoration project has the green light from no less than the National Historical Commission of the Philippines (NHCP). In 2014, the NHCP announced developer Oceanville Hotel and Spa Corporation’s plans of turning the building into a hotel and casino.

The stakeholders said then that the restoration will prioritize “protection and enhancement of the environment and heritage.”

The CA said that the agreement between the government and the private developer was not something that can be subjected to a petition for certiorari.

“The City of Manila’s execution of the lease contract with Oceanville Hotel and Spa does not fall within the ambit of judicial, quasi-judicial or ministerial function as the same is within its prerogative, powers and authority in the exercise of its executive function. On this court alone, certiorari and prohibition will not lie,” the CA ruled.

Violations

It was the NHCP which approved the redeveolopment plant, but it is the city government of Manila which entered into a lease contract with Oceanville valid for 25 years.

Construction began only days after the unveiling of plan in September 2014. 

However, the NHCP – the same body that approved the plan – halted the construction because the developers tampered with the main building, when the agreement was to convert only two annex buildings which are not part of the early 20th century original structure.

VACC noted that the NHCP issued a cease and desist order only, which does not cancel its previous approval of the plan. – Rappler.com

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