THE Court of Appeals has junked a motion for reconsideration seeking to overturn its earlier order indefinitely stopping the eviction of the former mistress of the late military Chief of Staff Fabian Ver from her Forbes Park mansion in Makati City (Metro Manila).
A three-page resolution of the CA’s former Special 11th Division, dated October 1, 2014, ruled that Ver’s ex-lover Edna Camcam will retain possession of the property while the case is pending on its merits.
The CA denied the motion for reconsideration of private complainant Daniel Vazquez since the arguments presented were merely rehashed.
“We deny the motion for reconsideration because there are no valid grounds to set aside the resolution promulgated on [June 2, 2014], the arguments in the motion being mere reiterations of matters already ruled upon by this court,” it said.
On June 2, 2014, the CA granted Camcam’s plea for the issuance of a writ of preliminary injunction.
The appellate court, however, required Camcam to post a P10-million bond.
The CA also enjoined execution of a decision dated February 10, 2014 issued by the Makati Regional Trial Court (RTC) , Branch 66, in Civil Case No. 13-080.
The ruling was penned by Associate Justice Nina Antonio Valenzuela and was concurred in 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 decision, was not in accord with law, particularly Rule 40, Section 8, of the Rules of Court,” it said.
Camcam is the long-time companion of Ver, the loyal general of then-President Ferdi-nand Marcos.
The ruling of the Makati RTC ordered Camcam’s eviction from the Forbes Park mansion lent to her by Vazquez.
She has occupied 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 military chief who famously asked permission from the then-strongman Marcos to open fire on civilians who massed at Edsa during a popular uprising in 1986.
In the ruling of Makati RTC last February 10, Judge Joselito Villarosa ordered the Philip-pine 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.
But Camcam defied the order and instead sued Vasquez, arguing that she was the true owner of the mansion.
The eviction of Camcam is a separate and distinct case from the ownership issue that was settled late last year in favor of Vasquez.
Makati RTC Judge Winlove Du-mayas ruled last December that Vaz-quez was the “undisputed” owner of the property.