Paul A. Manglona
A GREAT victory for the Commonwealth, especially for the people of Rota.
This was how Sen. Paul A. Manglona described the Superior Court’s ruling on Wednesday, denying the request of Rota Resort & Country Club owner Hee Kyun Cho for a stay on the enforcement of the Department of Public Lands’ notice of land lease termination.
On March 8, 2023, DPL issued a notice of termination of Rota Resort’s lease, saying that the owner had abandoned the property and failed to pay the rent.
A month later, Cho appealed the termination. In December, DPL hearing officer Ramon Dela Cruz dismissed the appeal with prejudice upon determining that Rota Resort violated its lease agreement with DPL.
On June 3, 2024, Rota Resort filed a motion to stay in Superior Court, saying that the loss of real property rights is an irreparable injury that is “often impossible to restore through subsequent judicial proceeding.”
In his order on Wednesday, June 26, 2024, Presiding Judge Roberto C. Naraja denied Rota Resort’s motion, stating that it “has already been out of possession of the property for over a year.”
“Given that prior to DPL’s notice of violation, the Resort had not been operational for eight months, there is no evidence to suggest that Petitioner is losing out on revenue by remaining out of possession while the administrative appeal is pending,” Judge Naraja stated.
“A stay would return possession of the premises to Petitioner. It would also serve to reinstate Petitioner’s obligations under the lease agreement, though it currently owes over $639,879.37 in unpaid rent. Were the Court to grant the stay, Respondent [DPL] would continue to suffer the loss of rent during the pendency of the administrative appeal. The property itself would suffer for lack of operation and maintenance, and Respondent would suffer economically due to the loss of rental income from the property. Accordingly, the Court finds that the balance of hardships does not tip in Petitioner’s favor. Under the circumstances presented here, the interests of Respondent and the public militate against a stay,” the judge added.
RFP
In an interview, Manglona said DPL can now proceed with its plan to put out a request for proposals or RFP “so that we can find a good community partner to rehabilitate the 200-hectare golf resort.”
Manglona said he is greatly concerned about the property because the golf resort is now being reclaimed by nature. He said it must be secured and maintained, especially its golf course and other facilities, some of which are already in a state of decay, posing health and safety hazards to the public.
“I want to extend our appreciation, on behalf of the people of Rota, to DPL Secretary Terry M. Santos and her staff, as well as Assistant Attorney General Alison Nelson for an excellent job in defending the interest of the Commonwealth,” Manglona said.
