In a move that defied a Court of Appeals 7th Division Order issued in December 10, 2014, Panlilio led Fridays Holdings Inc., subsidiary of Boulevard Holdings Inc. unlawfully took over the property of Mila Yap-Sumndad in Boracay last March 13, 2015 using overwhelming force led by the Sheriff Melanie Z. Nanit.
The resolution dated December 10, 2014, the Court of Appeals enjoined Friday’s Holdings Inc., Hon. Rommel O. Baybay, the presiding judge of the Regional Trial Court (branch 132) of Makati, from further proceeding with the implementation of the writ of execution dated February 3, 2014 issued by Makati RTC branch 132. It called on all other agents to defer from implementing the said decisions pending a retrial.
Proceedings and other pending issues in relation to the case was suspended by the Court of Appeals order.
“I was surprised by the actions of Sheriff Melanie Z. Nanit who forcefully broke down the gate without any BREAK OPEN ORDER and invaded my property with mallet bearing goons, despite the current order of the Court of Appeals. I am also disturbed by the fact that a big company like Boulevard Holdings Inc. would resort to breaking the law. Paano naman kaming mga legitimate landowners dito sa Boracay?” –she added.
The late spouses Benjamin and Pilar Yap, parents of Mila Yap-Sumndad, were the original owners of a 2,564-square meter of land located in the island of Boracay in Malay, Aklan. On December 10, 1989, Friday’s Holdings Inc., then owned by William Lutrell, entered into a lease contract over the entire property with the spouses Yap, covering 25 years until February 14, 2014.
After the spouses passed away, the ownership of the property was transferred to their surviving children, including Mila Yap-Sumndad and her siblings, all as compulsory heirs.
Luttrell, the Australian who created Friday’s Resort, on the other hand was murdered in Manila in 1994, the same year Panlilio took over Friday’s Holdings Inc. According to Australian Federal Authorities, the murder remains unsolved to this date.
By becoming compulsory heirs, Mila Yap-Sumndad and her siblings effectively became the successors-in-interest of the original lessors (the late spouses Yap). Mila Yap-Sumndad was able to acquire 60 percent of the property, with the rest ceded and shared in equal portions among her siblings.
After the expiration of the 25-year contract of lease, BHI has ceased to be the lawful possessor of the property, according to Mrs. Yap-Sumndad. “Sa akin itong property dahil ipinamana sa akin. Hindi ito pwedeng ibenta ng sinuman dahil mana ito. May decision na ang Court of Appeals, bakit sila nag forum shopping at pilit kinakamkam ang aking lupa? Dahil malaki sila at maliit lang kami? Sumndad said in a statement.
Charges of Unlawful Arrest, Arbitrary detention and delay in delivery of detained persons have been filed against the following officials: Sheriff Melanie Z. Nanit, P/Supt. German Gerbosa, P/Insp. Frensy Andrade, P/Senior Insp. Conrado Carganillo aand PSI Josephine A. Jomocan for having arrested and detained Ismael Sumndad for over 27 hours following the March 13 illegal property invasion.
Friday’s Holdings Inc. and Boulevard Holdings Inc. management and shareholders should respect the decision of the Court of Appeals and not resort to this kind of activities using goons and agents of the government Sumndad said in ending.
San Lorenzo Village Monitor 