Comelec loses legal battle vs Laguna warehouse operator anew

MANILA, Philippines — The Commission on Elections has been ordered to pay over P45 million in rental fees and damages to the operator of a warehouse in Cabuyao Laguna, which the Comelec leased during the 2010 elections.

The Court of Appeals (CA) affirmed a ruling issued by the Biñan Regional Trial Court (RTC) Branch 25, which ordered the poll body to pay Power Serve Inc., owner of the Cabuyao warehouse, and its lessee Benny de Guzman P45.34 million in rental fees in November 2022.

The CA denied an appeal  of the Comelec, represented by the Office of the Solicitor General, to reverse and set aside the judgment of the Biñan RTC.

The Comelec questioned the computation of the additional rentals, noting the amount was based on the entire 34,061-square-meter area of the subject property, instead of only 21,020.03 square meters.

However, the CA said the lower court was correct, citing records showing the entire area of the property was leased to the Comelec.

The CA cited a Comelec memorandum directing its security personnel to safeguard and secure the entire area of the property. 

The appellate court said there was no reason to disturb the findings of the Biñan RTC regarding the award of damages.