THE Court of Appeals has indefinitely stopped the eviction of the mistress of the late Armed Forces of the Philippines (AFP) Chief of Staff Fabian Ver from her Forbes Park mansion.
In a seven-page resolution dated June 2, 2014, the CA Special 11th Division granted the prayer of Edna Camcam for the issuance of a writ of preliminary injunction.
However, the appellate court required Camcam to post a bond of P10 million.
“The Court rules . . . [to]Grant the petitioner Camcam’s prayer for the issuance of a Writ of Preliminary Injunction [couched in the Petition for Review]and Directs the Division of Clerk of Court to issue a writ of preliminary injunction upon petitioner Camcam’s posting of a bond in the amount of P10-million,” the resolution read.
The CA also “[e]njoins the execution of the Decision dated 10 February 2014 issued by the Regional Trial Court, Branch 66, Makati in Civil Case No. 13-080.”
The ruling was penned by Associate Justice Nina Antonio Valenzuela and was concurred by Associate Justices Vicente Veloso and Noel Tijam.
“Petitioner Camcam has a clear and unmistakable right not to be evicted from the subject property, and to remain in peaceful possession, because the act of the RTC in issuing the assailed De–cision, was not in accord with law, particularly Rule 40, Section 8 of the Rules of Court,” it averred.
“Moreover, at the hearing held on 12 March 2014, the counsel for respondent Vasquez, Atty. Nilo Divina, admitted that the MeTC did not strictly comply with the provisions of the 1991 Revised Rule on Summary Procedure. However, Atty. Divina prays that this Court be liberal,” it pointed out.
The CA injunction has extended the 60-day temporary restraining order (TRO) it issued in February that halted the Makati RTC and private respondent Daniel Vazquez from ousting Camcam from the house.
The CA believes that there was extreme urgency to issue the TRO “and it should appear from facts shown by affidavits of by the verified petition, that grave injustice or irreparable injury would result to the applicant before the matter can be heard on notice.”
Camcam was the longtime companion of Ver, the mili- tary stongman of President Ferdinand Marcos.
She was a close friend of Ver’s daughter and ended up in a relationship with the general.
In a ruling, the Makati RTC ordered Camcam to be evicted from the Forbes park mansion lent to her by Vazquez.
She had been in possession of the property and occupying the mansion rent-free for the last 20 years.
Vazquez lent the house on Cambridge Circle, North Forbes to Camcam upon the request of Ver, the much-feared AFP chief who famously asked permission from Marcos to open fire on the civilians who massed at Edsa during the 1986 People Power revolt.
In the ruling of Makati RTC Judge Joselito Villarosa last February 10, he ordered the Philippine National Police to assist in the eviction to ensure its peaceful implementation.
He also ordered Camcam to pay Vazquez P250,000 a month starting from January 2012 when Vazquez requested her to vacate the property.