CA orders PTA to pay golf course developer P12.8 million

The Court of Appeals has ordered the Philippine Tourism Authority to pay the Philippine Golf Development and Equipment Inc. (PhilGolf) P12.8 million for the development of the Intramuros Golf Course.

The ten-page decision penned by Associate Justice Rosmari Carandang affirmed the April 2005 ruling of Muntinlupa City Regional Trial Court Branch 203 Judge Pedro Sabundayo ordering the PTA to pay PhilGolf P11.8 million for unpaid billings, P200,000 for lawyers’ fees, P128,529 for filing fees and other costs of litigation, P300,000 for moral damages, P150,000 for nominal damages and P250,000 for exemplary damages or a total of P12.8 million.

Sabundayo ruled in favor of PhilGolf, which filed a complaint for the collection of amount against the PTA.

In its complaint, PhilGolf claimed that it was sub-contracted by Atlantic Erectors Inc. to undertake the expansion project of the Intramuros Golf Course.

The PTA agreed to directly pay PhilGolf for its services but it failed to fulfill its financial obligations, prompting the latter to file the complaint.

The Muntinlupa RTC declared the PTA in default for failing to answer the complaint filed by the PhilGolf. It allowed the company then to present evidence and subsequently ruled in its favor.

The PTA elevated the case to the CA and filed a petition seeking to nullify the April 2005 ruling of the Muntinlupa RTC.

The PTA claimed that it was prevented from participating in the trial because of the reckless, inexcusable and gross negligence of its former lawyer Hernando Cabrera.

Moreover, after being granted with two extensions to file an answer to the complaint, Cabrera filed a motion to dismiss instead of an answer to the complaint.

The PTA said Cabrera was administratively charged and eventually dismissed from the agency and they are now seeking his disbarment with the Integrated Bar of the Philippines (IBP). — Jose Rodel Clapano