REHABILITATION of the Rillera building is forthcoming after four decades.
Mayor Mauricio Domogan said P20 million will be earmarked for the renovation of the building which will come from both the government as well as collections due to the city.
Domogan said following the Supreme Court decision, claimants met with him to signify they will not be contesting the ruling.
The SC decision penned by associate justice Antonio Carpio was certified by chief justice Maria Lourdes Sereno fortifying the claim to get back the building for the city.
Domogan said the first floor will be rehabilitated and still be leased to vendors pending renovation while other floors will likewise house vendors.
The case dates back to June 22, 1974 with the Hilltop Market Fish Vendors Association Inc. (HMFVAI) represented by their president Gerrardo Rillera and the city represented by then Mayor Luis Lardizabal entered into a lease over a city owned lot located at the hilltop area with an area of 568.80 square meters.
In 1975, HMFVAI constructed the building naming it Rillera building as members of the group occupied the area even without a certificate from the city engineer’s office.
The lease contract provided a period of 25 years renewable for the same period with a rental of P25,000 with the first payment commencing upon the issuance of the City Engineering Office of certificate of full occupancy. At the end of the lease contract, the city will own the building without payment or reimbursement of the Hilltop cost.
Former chief executives Luis Lardizabal, Ernesto Bueno, Jaime Bugnosen and Braulio Yaranon all made efforts to claim the building but failed.
The latest order came in 2005, under Yaranon when he issued administrative order 30 for the closure of the Rillera building, to have it cleaned and sanitized and enclosed to prevent illegal activities and complete and prepare the area for commercial use.
In the same year, claimants filed a case in the RTC asking for a restraining order and injunction to thwart the implementation of the Yaranon order.
The RTC dismissed the plea of HMFVAI and sided with the city saying the Yaranon order was valid and the lease automatically expired on June 22, 1999 because the lease period of 25 years was expressly provided in the 1974 contract. The RTC did not give weight to HMFVAI contention the certificate authorized to occupy the lot even without the certificate from the engineering office.
The RTC also found the Rillera building unsanitary and dangerous to occupants.
In 2009, the Court of Appeals sided with the RTC ruling, denying the motion for reconsideration from the Hilltop association.
The SC decision affirmed the RTC ruling.
