Greg Hutchinson reacts to this two-part article. Please see comments.
Part One:
While in Boracay last week for the anti-smoking seminar organized by the Women’s Media Circle, some journalists and I took time out to visit SandCastles resort, which was in the news recently because of a property dispute that ended up in what was claimed as “hostaging”.
I have stayed in SandCastles a number of times since it was built in 1989. It’s facilities, in Philippine ethnic style, is complemented by modern amenities. It’s beachfront location in the area of boat station One makes it a prime real estate property.
Australian Greg Hutchinson, president and chairman of Tribal Holdings Phils that owns SandCastles, was a journalist writing for foreign publications. He was my co-author of the book. “Hot Money, Warm Bodies – the downfall of President Joseph Estrada”.
I have fond memories of SandCastles which made the current sight of the besieged resort disheartening.
Carmela Fonbuena of Newsbreak/ABS-CBN Online likened the situation in SandCastles now to the war zone Gaza Strip, where one side are the Israelis and the other side, the Palestinians. It’s also like Panmunjon, where North Koreans engage in eyeball to eyeball confrontation with South Koreans.
The receiving area on the northside half of SandCastles and the cottages are occupied by the group of 26- year old Evangeline Dalino of Boracay Dream Beach Resort.. The first floor of the luxury apartments of Sand Castle is occupied by the group of Editha Meren, sister of Malay Mayor Ciceron Cawaling. On the second floor are the Hutchinson couple, Greg and wife Viveca with their five year old twins.
We saw about six policemen keeping watch over the resort, making sure that no violence erupts between the hostile parties that would further ruin the island’s image.
At 1:25 a.m. of Nov. 6, I got a text message from Viveca saying they were being “hostaged by the goons of the the sister of the mayor, their landlady whom they took to the court for reneging on our lease contract .”
After talking to all the parties concerned and the police I think the Hutchinsons are not being “hostaged.” They are being forcibly evicted. Of course, they won’t leave the place because to do so would mean they lose physical possession of the US$5.25 million resort. It would mean saying goodbye to the multi-million dollar investment they have sunk into the development of the resort.
To avoid violence, Police Inspector Joffrey M. Todeño instituted an arrangement while the case remains unresolved by the court in which the Hutchinsons would have exclusive use of the exit door at the side while Meren and Dalino would use the front gate.
The battle over the more than 7,000 square meter SandCastles has degenerated into armed takeovers twice and has made it to international news. But it’s not an isolated property dispute in the powdery white sand island, which is the country’s premier tourist destination. Last October 8, the Supreme Court ruled that Boracay is public domain and therefore, owned by the state. Tax declarations which many show as proof of ownership do not translate into titles over the land they occupy, the high court said.
There are actually two different property disputes over SandCastles
Meren, whose maiden name is Cawaling, holds tax declarations over a number of prime properties in Boracay including the almost 7,000 square meters that SandCastles occupy. She said she inherited the properties from her mother whose family was one of the early inhabitants of Boracay in the town of Malay in Aklan.
In 1989, Meren leased to Hutchinson more almost 6,000 square meters of the northside portion of her beachfront property near Boat Station One for P23,000 quarterly (or less than P100,000 a year) for 20 years with option to renew for another ten years.
Hutchinson designed SandCastles to cater to upper-middle income tourists. At that time, Boracay was still rustic. There was no island-wide power service yet. Electricity was provided by power generators of each resort.
I was there with a friend two months after the 1989 December coup d’etat against the Aquino government which scared away some tourists. We had the island all to ourselves. It was paradise.
Electric fans were enough to keep the rooms cool. We used mosquito nets during the night. Since it was New Moon during our vacation, we had to carry a flash light when taking the evening beach walk.
European tourists outnumbered Filipino guests. It was like being in a foreign place. Topless women sunbathing on the beach was an ordinary sight. I know of someone (a Filipino, of course) who would go strolling on the beach noon time, “boob-watching.”
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Part Two:
At past 10 p.m. of Nov. 5, 2008, Melchor Ferrer, guest coordinator of SandCastle resort in Boracay was about to lock the doors when some 20 armed men forcibly entered the premises.
After disarming and sending the security guards out, the armed men tied the hands of Ferrer, the resort’s accountant, and an employee of Mapecon who was doing late night pest control of the building.
Australian Greg Hutchinson, president and chairman of Tribal Holdings Phils that owns SandCastle, was on the second floor with his wife, Viveca, and their five-year-old twins, Joshua and Jenait. He said some men tried but failed to enter their apartments before the police arrived.
Since then, the Hutchinsons have been confined to their second floor apartments while the group of Evangeline Dalino of Boracay Dream Beach Resort occupies one part of SandCastle’s ground floor. The other portion is occupied by Editha Meren, the owner of a big chunk of the land where SandCastle stands.
Twenty-six year old Dalino admits she was the one directed the forcible takeover of SandCastle a month ago. “I was just taking back what really belongs to me. I was just bringing myself back to my resort,” she said.
Dalino said Boracay Dream Resort, owned by her former boyfriend, Australian-Greek George Gaitanos and another Australian, Michael Bailey, had leased from Hutchinson the bigger portion of the more than 7,000 square meter beachfront property near Boat Station One in June 2005. On April 11, 2006, Dalino said Hutchinson forcibly took back the property when she was in Manila.
The SandCastle case is a mess of legal suits and countersuits with both parties complaining that they have had to deal with corrupt government agencies. It’s difficult to determine who is saying the truth. We talked to the three protagonists and this is the picture that we got:
Editha Meren, who is the sister of Malay Mayor Ciceron Cawaling, said she inherited several properties in Boracay from her mother, whose family was one of the early inhabitants of the island in the town of Malay in Aklan. She holds tax declaration certificates for these properties which the Supreme Court recently said do not translate to ownership because the island is public domain and therefore belongs to the State.
Meren said there are two separate property issues with the Hutchinsons. Hutchinson, on the other hand, said there’s only one.
Meren said that in 1989, she leased to Hutchinson 6,906 square meters of the northside portion of her beachfront property near Boat Station One for P23,000 quarterly (or less than P100,000 a year) for 20 years with option to renew for another ten years. The contract includes right of sublease by Hutchinson.
On May 22, 2005, Hutchinson said he notified Meren of his intention to exercise the option to renew the lease that would give him the right over the property up to Dec. 5, 2019. He said Meren agreed.
In June 2005, Hutchinson subleased the property to Boracay Dream Resort represented by George Gaitanos and Bailey for 14 years (up to June 1019) for 8,400 Australian dollars (about P350,000) a month subject to a 5 per cent increase yearly after the third year.
Hutchinson said as far as he is concerned, Dalino has no legal personality in the case because he signed the contract with the two fellow Australians. Dalino, on the other hand said, Boracay Dream Resort was her project from the very beginning and the two Australians were her financiers. She said she has a separate contract with Bailey and her former boyfriend, Gaitanos.
Dalino said they paid Hutchinson P8 million representing one year rental, floating security deposit and operational cash bond.
Dalino said her problems with Hutchinson started when she applied for a business permit. She was asked by the Malay local government for an occupancy permit. When she asked Hutchinson for the occupancy permit, she claimed he gave her the runaround.
She said she found out that Hutchinson had no written contract to extend the lease from 2009 to 2019. “That means he leased to me what is not yet his from 2009 to 2019.”
She said she tried to ask for a dialogue with the Hutchinsons but the latter refused, prompting her to file an estafa case in early 2006.
In April 2006, Hutchinson gave Boracay Dream notice of cancellation of the contract citing violations of the sublease agreement such as non-payment of fuel for generator and electricity bills, and non-payment of rentals. “Those are just imaginary ‘sins’ and excuses because he could not give me an occupancy permit,” Dalino said.
Dalino said they refused to vacate the property because by that time they had already spent some P8 million for the renovation of the place using an “Endorsement to Operate Business” issued by the municipality of Malay. Hutchinson also refused to return their P8 million deposit, she said.
Early morning of April 11, 2006, some 40 armed men entered Boracay Dream Resort and forcibly evicted the company’s employees including Dalino’s sister. Dalino at that time was in Manila.
The signage of SandCastle was back over the premises.
Dalino said the late evening takeover last November 5 was her third attempt to bring herself back to her business place. “I’m not happy about this but I have to keep on fighting for what is right.”
In a related case, Meren is claiming back 375 square meters of the land where the SandCastles luxury apartment building stands. Hutchinson said there is no dispute over that property which he bought from a certain Onie Macabenta for a little over P2 million almost 20 years ago.
Meren claims she questioned in court Macabenta’s ownership of the land because the latter dealt with her estranged husband. She said in 2004, when she noticed that Hutchinson was building in the 375- square meter lot she gave him notice that the property was still under question. When it was ignored, she filed a falsification case against him. Hutchinson countered with a perjury case against Meren.
Hutchinson, Dalino and Meren are now tangled in a series of suits and countersuits which make their lawyers and the Aklan courts busy.
Hutchinson is thankful that the contract he forged over the property is “tight”. He is dismayed, however, with the lack of respect of legal instruments even by the country’s law enforcement personnel.
One of the fascinating sights in Boracay is local boys building sandcastles. They start building them in the afternoon. In the evening, they glow with lighted gas lamps. The next day, you see remnants of the previous night’s sandcastles with the towers swept away by the wind. In the afternoon, the boys start the creative work all over again.
Hutchinson said he was inspired by the creative process of a sandcastle. “You build it and it disappears,” he said. That’s why he named his resort which is currently valued at US$5.25 million “SandCastle.”
He said he had planned to turn it over to the owner, Mrs. Meren, after 2019. But it seems Meren, who is now allied with Dalino, has a different timetable.
Ellen,
What you say is true: Difficult really to know who is right and who is wrong.
What stands out from this story is the fact that foreign investments or joint ventures with local entrepreneurs almost always encounter legal problems and end in tears.
Dalino has no legal battle. When one renovates or add/put up a building and the land and the lease is not yours except for sublease, the law will not be on your side. Dalino is asking too much trouble for herself. She should find another rich dirty old white man and move on.
In the end, the Hutchitson will lose money for legal battle and investment due to poor legal context and Meren may lose her land as declared by the government.
In this case, it looks like everyone will lose eventually becasue what they are fighting over is a government property. Wait till the charter change of the evil bitch pushes through (God forbids!), all of Boracay will be sold to a foreigner with lots and lots of money and the proceeds will be used to continue fattening her lapdogs. Unless of course the Filipinos will show some “maturity” to be watchful!
The Court, and the inJustice System as a whole in this country, is a Fraternity.
You’ll definitely suffer if you’re not part of it.
ellen,
nasan sina gaitanos and bailey? kung may kontrata nga si dalino sa dalawang ito, hutchinson should have given her an occupancy permit. may back story ka ba?
very clearly written piece, thanks.
Reminds me of the case that started the war in the south. When the settlers established and improved the lands, here comes the ancestral domain claimants. This time, I am for the foreigners sowing their wild oats improving our noses.
On May 22, 2005, Hutchinson said he notified Meren of his intention to exercise the option to renew the lease that would give him the right over the property up to Dec. 5, 2019. He said Meren agreed.
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Was it oral? Or in writing? A contract for rights over real estate (sale or lease) must be in writing, or it is unenforceable (you cannot ask the court to force the other party to abide by his oral agreement).
She said she found out that Hutchinson had no written contract to extend the lease from 2009 to 2019. “That means he leased to me what is not yet his from 2009 to 2019.”
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Fine. So get a lease from Meren.
If the Hutchinson business is successful, Meren may demand higher rental payments when leases come up for renewal in 2009. If the value of the business is tied to the use of that particular property, Meren has a significant advantage over Hutchison in negotiations.
Atty 36252:” That means he leased to me what is not yet his from 2009 to 2019.”
With Dalino, i don’t know why her boyfriend ( whatever) will sublease without knowing the original lease term.
“Fine. So get a lease from Meren.”
Meren cannot lease the property to Dalino yet because Hutchinson remains to be the lessee until 2009.
I think Meren is sensing lots of money to be made from this deal. But the government can always say: sandcastle has violated ordinances and codes. it can only continue to operate unless violation are removed, corrected and penalties are paid. When the government order to temporarily close the resort for renovation to conform with the new laws or zoning, the Hutchison may suffer loss of income and Meren , the landlord will not get her rent on time.
Dalino will always be a significant other. 🙂
pasingit lang nito at natawa talaga ako dito…just sharing.
Chavit na-murder ang ‘name’ sa ‘Dream Match’ presscon
LAS VEGAS — May kakaibang eksenang nangyari kahapon sa ‘final press conference’ para sa Pacquiao vs De La Hoya ‘Dream Match’ na ginawa sa Hollywood Theatre ng MGM Grand.
Tulad nang dati nang nangyayari, nang tawagin ang entourage ni Philippine pride Manny Pacquiao para okupahin ang presidential table ay sangkatutak ang gustong sumabit sa eksena. Worldwide coverage kasi.
Isa sa nagsumiksik sa presidential table ay si dating Ilocos Sur Gov. Luis ‘Chavit’ Singson na umupo sa may dulong bahagi ng mesa sa tapat ng pangalang Rogelio Pacquiao, kapatid ni Manny at presidente ng MP Promotions.
Isa-isang binanggit ni Top Rank promoter Bob Arum ang mga pangalan sa presidential table at dahil hindi nga niya pangalan ang tinapatan ay hindi nabanggit si Singson.
Sa puntong ito ay ibinulong ni Pacquiao kay Arum ang pangalan ni Singson upang ma-acknowledge na sinunod naman ni Arum sa pag-aanunsyo sa mikropono ng mga katagang, “And of course, a very popular figure in the Philippines…Governor Checkun whatever.”
Thanks,
As I said in this blog, it is the greedy local execs that are preventing rural growth. It’s the same old story in mining, logging, and resort development. Poorly-educated townsfolk who own land lease them to foreigners for a pittance who then spend a lot of capital studying, developing then building the facilities. Once the business is fully developed, the sitting mayor, in cahoots with his land registrar, suddenly comes out with title from the Spanish era claiming the land to be his or his ancestors’.
In many mining cases, small mining operations (small because it is still in the exploration stage) are welcomed by local people initially. Once a hit is confirmed, local officials (barangay chiefs, mayors, govs) suddenly find the mining operators “destroying” their resources. They rally the dwellers, with the aid of priests and brown-bag bishops to oppose and protest until it becomes a national issue.
Soon, the foreign investor leaves the site vowing never to return while the local politician takes over with his crony who is supposed to be more “environment-friendly” promising the landowners a few million pesos for centuries-long contracts! This has happened also to big mining firms. Ever wondered why the big guns in mining in this part of the world, like BHP-Billiton or Rio Tinto, never even attempted to setup mines here?
In tourist resorts, I know of some whole islands leased to resort developers/operators for something like P5M for the whole span of 25 years! Of course, the approving official becomes instant stockholder or instant millionaire. Until the next unfriendly official finds it “grossly disadvantageous”. Whether to him or the government, or both, it ends up with the resort renegotiating the lease.
Now you can’t blame the foreigners for not coming. Well, this is the reason why some honest legislators want to chacha – to prevent the investors’ being blackmailed after they have spent so much on developing their sites. It is a worthwhile reason to really revisit the constitution but until this government is thrown out of power, I won’t recommend it yet.
Nakakatakot! Unthinkable where I am based. It is because we do not have hoodlums working as policemen or even soldiers! 😛
And they call themselves civilized and democratic. Yuck!
Kawawang Pilipinas!
Naaakkkaa! C’est la vie en Philippines! Everywhere you turn – ke makaliwa, ke makanan, ke sa taas, ke 6 ft underground me bolate me lbm este nbn, kumpleto rekado puro kurapto pati multo drive pa sa macapagal highway!
Greg Hutchinson’s reaction to two-part article on their case in Boracay:
Messy the case must become for those who entered SandCastles by force with no contractual or legal justification and instilled the fear of death in our family who were cut off and detained against our will. Muddying the waters–attempting to put legal colour to illegal acts–is a principal legal strategy of our adversaries.
Did any one ask why, if Meren and Dalino wanted us out in the first 40 hours before the Police arrived, they blocked the exits to prevent us leaving. The world saw the picture of a 50kg LPG cylinder blocking the emergency exit. Why do you think we have just been visited by investigators from the National Bureau of Investigation?
Arguments raised by Editha Meren and Evangeline Dalino about notice to exercise option to renew lease contract, exercise of the actual option and the putting in writing of a formal extension of lease contract have been dealt with ad nauseum and demolished in the to-and-fro of resolutions from the Department of Justice in the Estafa case, and finally in the Kalibo Regional Trial Court, which dismissed the case with finality just prior to Meren and Dalino entering SandCastles by force on November 5. Deep scrutiny reveals the extent then of legal colouring -not of any illegal acts by the Hutchinsons as Meren and Dalino would have everyone believe, but of their own.
The same applies to occupancy permits, building permits-all permits, licences etc were the responsibility of the former sublessees she insists she represented. A first DAY law student would see the sublease contract was subject to an extension of lease. The estafa case dealt with that. Ditto the absence of the signature of Editha Meren, who insisted in an affidavit she did not want her husband’s signature affixed. This matter is before the court. Ditto the ability of the lessees to sublease, subleasing specifically allowed under the original contract of lease with Meren.
On a refund, the contract was clear-NO REFUND under standard conditions that were as clear as day. The amounts of money we are talking about-security deposits and lease payments as well as expenditure-still only represent little more than five percent of the value of the resort. Such payments were not made by Meren or Dalino but by the sublessees, mature Australians who signed off on a strict but standard contract of sublease. Not getting security deposits would have been folly given the value of the investment and the predeliction of many foreigners in the Philippines to not take their contractual responsibilities seriously. The sublessees knew our position. They were not forced to sign the contract. They just wanted a free ride and they went about avoiding paying rent by “legal coloring”– finding excuses, none of which got traction under the sublease contract. The court decisions attest to that. Actually, I suggested to the other side we would refund and just call the arrangement quits. This was around New Year in January 2006 when I was at the Police Station and Dalino was there too. Their side rebuffed the suggestion and so we were then set on an unavoidable collision course.
Dalino hasn’t mentioned we sent the former sublessees a bill for 9 million pesos in early 2006. That’s the NET amount they owed under the contract the moment we took it back, exercising the extra-judicial clause in the contract of sublease that is valid by virtue of Supreme Court jurisprudence and supremely necessary because of the unfortunate behaviour of a sizable minority of people who enter contracts in bad faith or try to pull a swift one. Both apply with sublessees of SandCastles: read the blog http://www.thelonerider.com/2008/nov/besieged/besieged.shtml
Rowen Aguirre, their friend from Boracay with sound legal knowledge, advised them not to stop paying rent as that would justify the sublessees being evicted. The advice was rejected and the Hutchinsons acted to get the sublessees out, not after the 5 days notice period required but after six weeks of waiting for payment, and only when our staff had been brandished two pistols of two members of the New Peoples’ Army. This was just before the busy Easter period in 2006. We had to act at that time, at great risk to our people, to avoid what could conceivably become a “bloody Easter”.
Today and for more than a month since being confined to our apartment we have managed, remotely and with great difficulty, to help our guests booked in SandCastles, placing them in other resorts and giving refunds. We’ve got plaudits on the internet for this. The same strong sense of responsibility for tourism we continue to exhibit even in such dire straits that we face right now. People long in the industry recognize such a quality in us and we’re thankful they have rallied to our side. Our thanks to members of the Philippine Tour Operators Association and Boracay Foundation. We hope for less mess in weeks to come, with more rationality shed on this subject.
great blog ellen. hutchinson may have a good contract clause for lease extension? the right to extend to 2019 , provided the fact that he has been a good tenant. the court can use his integrity as good faith for exercising the 20 year contract. meren may have few choices on negotiating the lease extension. the law may not also be on her side and the media of course. Her brother cawaling is under investigation for approving regency crown that violates our zoning law.
i am hoping that the rule of law must be implemented to punish those armed people who violated human rights, trespassing and disruption of peace and loss of business income. Dalino should stay away from that resort. She should just let it go and re-negotiate her term with hutchinson in a business like manner not in terror.
Agree with asiandelight: “She should just let it go and re-negotiate her term with hutchinson in a business like manner not in terror.”
Gives doing business in the Philippines a very bad name.
“As I said in this blog, it is the greedy local execs that are preventing rural growth. It’s the same old story in mining, logging, and resort development. Poorly-educated townsfolk who own land lease them to foreigners for a pittance who then spend a lot of capital studying, developing then building the facilities. Once the business is fully developed, the sitting mayor, in cahoots with his land registrar, suddenly comes out with title from the Spanish era claiming the land to be his or his ancestors’.” — Tongue
Exactly what I have personally witnessed.
Wait when the DENR has issued titles to people from out of town suddenly swooping down for their stakes. It issues even multiple titles on commonwealth titled lands.
on Dalino versus Hutchinson on sublease contract, i am convince that one or the other is not acting in good faith in terms of TIME. Not sure if this will matter in Philipine court but dalino may have a point when she said that hutchinson subleased his property that is not his yet , since the original lease will expire next year.
This could mean also that hutchinson at that time of contract signing on subleasing to Dalino may have not disclosed the land is not his and that he has an expiring contract.
In Business Ethics, Hutchinson may have failed to provide full disclosure of his building that is attached to the land that is not his. It might also be the reason that he has to pull back the sublease contract because he might have not been able to secure the lease extension with Meren? This may mean that Hutchinson did not act in good faith to his client ( Dalino) and is probably getting himself in trouble.
hay naku… and then the mayor is also corrupt. 🙂
everyone here are as messy as our laws.
From Viveca Hutchinson:
We will enlighten Asiandelight: But first, can we make it clear all issues have been dealt with through the rigours of an at-times-flawed legal process.
1. Refer to the background in the blog http://www.thelonerider.com/2008/nov/besieged/besieged.shtml, bad faith was established between the time of contract signing and the time monies was paid, i.e. Gaitanos and Bailey distributed misleading information to the travel agencies that “formerly SandCastles is now Dream Resort”. We wanted to return the money and cancel the sublease contract in June 2005, we were prevailed upon by one of the sublessees.
2. Disclosure that land might not be his:
The Original Lease as you call it was always 20 + 10 years at Hutchinson’s option.
The intention to exercise that option was expressed by Atty Venicio Flores on behalf of the Hutchinsons at dinner on the night of May 22, 2005. That event is related in the contract of sublease itself. This issue has been dealt with judicially.
To quote the cancelled sublease contract:
“Article 1. Contractual intent, contract subject to extension of lease
1.3 This Contract is subject to an extension of the lease over the land on which Boracay SandCastles Beach Resort is built for a further 10 years from December 2009 as per Article 23 of this Contract.
Article 23. Miscellaneous
23.2 Sub-lessor’s authority to assign, contract, sublease – The Sub-Lessee, his representatives, agents and advisers have read, and are cognizant of the contents of, The Contract of Lease with Lessors Edith and Claris Meren dated 20th day of April 1989, marked Annex B attached and the Joint Affidavit dated 5th day of June 1989, marked Annex C attached, as well as the Deed of Assignment dated March 11, 1993 removing Mylene Prado Fallaria as interested party to the Contract of Lease and enter into this contract of Sub-Lease and agree with the following interpretations thereof:
(a) Sub-Lessor (Hutchinson) has the right to sub-lease the subleased premises, with or without prior notice to Lessors (Merens);
(b) The full period of the lease contract with Claris and Editha Meren is 30 years ending on or around December 5, 2019, after exercise of the option to renew at Lessee’s (Hutchinsons) behest in accordance with Article 2 of the Joint Affidavit, marked Annex C. Sub-Lessor on May 22, 2005 notified Lessor of his intention to renew its Contract of Lease for a further 10 years ending December 5, 2019.”
Please note that in the cancelled sublease contract, the sublessors were the Hutchinsons, the sublessees were George Peter Malos Gaitanos and Michael John Bailey who MISREPRESENTED themselves as DIRECTORS of a company named Boracay Dream Beach Resort, which was supposedly undergoing process of incorporation at the time of contract signing. Dalino was never on the sublease contract and not even a witness on signing the contract. She came up with a single proprietorship issued by the Dept of Trade and Industry earlier than the date that Hutchinsons signed the sublease contract with Gaitanos and Bailey, that she revealed only in December 2005.
Article 13. Sub-lease, assignment, right, goodwill
13.1 Transfer by Sub-Lessee — Sub-Lessee (Gaitanos and Bailey) shall not assign or transfer its rights in this contract or further sub-lease or sub-let the leased premises or any other part thereof, and no right, title or interest thereto or therein shall be conferred on or vested in anyone other than the Sub-Lessee.
In shorthand, that means Evangeline Dalino is an illegal usurper.
3. Full disclosure of the building — the buildings were there for the world to see, afterall SandCastles has been in existence since 1989, and the subleased portion was half of the property.
So, Asiandelight, you’re barking up a lot of wrong trees.
Viveca F. Hutchinson
0920 558 7188
viveca@tribaladventures.com
boracaysandcastles@yahoo.com
thanks for the clarification mr. hutchinson. i MAYBE barking the wrong tree for the purpose of knowing who acted in good faith. your reply is highly appreciated .
Here in this blog: “On May 22, 2005, Hutchinson said he notified Meren of his intention to exercise the option to renew the lease that would give him the right over the property up to Dec. 5, 2019. He said Meren agreed.”
it sounded like a verbal contract. it’s different than :
“The Original Lease as you call it was always 20 + 10 years at Hutchinson’s option.The intention to exercise that option was expressed by Atty Venicio Flores on behalf of the Hutchinsons at dinner on the night of May 22, 2005. That event is related in the contract of sublease itself. This issue has been dealt with judicially.”
this is more legal and admissible in the court of law. and that’s what I’m looking for, the validity of the contract.
Good luck to you and your family and thanks again for the clarification. In this case, I may conclude , you have acted in good faith.