SBMA seizes portion of Subic theme park

TAKEOVERA team from the Subic Bay Metropolitan Authority posts guards and puts up notices as it takes over sections of an undeveloped area leased by the company operating Ocean Adventure at Subic Bay Freeport. —CONTRIBUTED PHOTO

SUBIC BAY FREEPORT, Zambales, Philippines — The Subic Bay Metropolitan Authority (SBMA) on Monday took back 100 hectares of undeveloped property that include a forest and bay area, from the company operating the marine theme park Ocean Adventure.

Lawyer Mike Quintos, head of the SBMA legal department, led the agency’s takeover of the undeveloped portions that were leased to Subic Bay Marine Exploratorium Inc. (SBMEI), the company running Ocean Adventure and other tourism facilities here.

The repossession of the property came after the 30-day reckoning period for the pretermination order that the SBMA issued against the company on Sept. 27.

According to lawyer Wilma Eisma, SBMA chair and administrator, SBMEI failed to comply with its lease contract and committed violations like illegal subleasing of property, constructing without permit, improper storage of waste and closing of public roads.

Illegal termination

Eisma said SBMEI also owed the agency about P25 million on its payment scheme as well as P7 million on its current billing.

On Oct. 18, SBMEI filed a case of illegal termination of contract against the SBMA, saying the agency had no basis to declare that SBMEI was “in default under the lease agreement and terminate the lease agreement and repossess the leased premises.”

In the complaint, SBMEI also said that even if the supposed violations were true, these were “so minor as to warrant the extreme penalty of terminating the agreement.”

SBMEI also asked a regional trial court in Balanga City in Bataan province to issue a temporary restraining order and preliminary injunction on the SBMA’s pretermination order.

In a statement, Robert Gonzaga, SBMEI president and chief executive officer, said the SBMA takeover was “the beginning of their (SBMA officials) attempt to shut us down if we don’t give in to their unreasonable demands.”

Gonzaga said the SBMA was not interested in a negotiated settlement, prompting the company to challenge the foreclosure order in court.

Offer rejected

He said SBMEI had offered to increase its minimum guaranteed rent by 56 percent and return 100 ha of its property even after the SBMA issued the pretermination notice.

“The SBMA board rejected this offer after Eisma endorsed pretermination proceedings against the company instead,” Gonzaga said.

He also asked the SBMA to refrain from giving the undeveloped portions to prospective investors while a case was pending in court.

While reacquiring a portion of the Ilanin forest and bay area, the SBMA is not immediately shutting down Ocean Adventure and other facilities that SBMEI operates, Eisma said.

She said SBMEI was given two years to slow down its activities at the marine park.