SBMA retakes control of Grande Island due to lease violations

The Subic Bay Metropolitan Authority (SBMA) has resumed possession of Grande Island after ending its lease agreement with GFTG Holdings Corporation.

SBMA officials said the move followed a decision by the authority’s board to terminate the contract after the company failed to fulfill agreed development commitments.

A pre-termination notice was issued earlier, giving the lessee a fixed period to vacate the property before enforcement measures were carried out.

The takeover was completed earlier this month after SBMA served a formal repossession notice and proceeded with implementation following the holiday period.

GFTG has since filed a request seeking the revival of its lease, which is now undergoing review by a board-level committee.

The island drew heightened public scrutiny last year after the arrest of several Chinese nationals accused of conducting unauthorized surveillance activities.

Investigators said the suspects allegedly used drones and electronic devices to gather images and data related to naval operations in Subic Bay.

Grande Island’s strategic location overlooking key maritime passages has since fueled security discussions, including proposals to place the area under tighter government control. (thechronicle.com)

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SBMA takes over aviation services company for failure to pay almost 20M dues

The Subic Bay Metropolitan Authority (SBMA) has taken over the facilities of Aviation Hub Asia, Inc., an aviation services company inside this premier Freeport, for failing to comply with the agency’s lease agreement.

According to SBMA Chairman and Administrator Jonathan D. Tan, the SBMA Board of Directors has approved Resolution No. 23-10-0296 that pre-terminates the lease agreement of Aviation Hub Asia on October 3, 2023.

The issuance of the resolution from the Board came after the company failed to settle unpaid lease rentals, comply with development commitments, and the non-submission of Performance Bond.

The erring company has an outstanding obligation amounting to P19,122,335.97 and US$106.02 in unpaid lease rentals, penalty on performance bond, among others.

The company has continuously failed to comply with its development commitment and non-submission of Performance Bond within the period stated in the Notice of Default with Demand to Pay dated September 30, 2022. The SBMA pre-terminated and cancelled the company’s lease agreement and repossessed their properties.

The properties that the company leased included portions of a hangar area, office space, shed and open space located at Building 8066, Subic Bay International Airport (SBIA) Southwest Apron, Subic Bay Freeport Zone.

Tan said that the development commitment that the company failed to comply includes the renovation of five maintenance, repair and overhaul (MRO) hangars and offices, storeroom and pilot briefing rooms, two additional new aircraft hangars for refurbishment and MRO within three years from the signing of their lease agreement dated March 19, 2019.

SBMA served a notice of re-entry into, repossession and take-over of leased premises with demand to pay dated October 17, 2023 that was received on November 3, 2023. The notice took effect on Monday, some 30 days from the receipt of the notice.

This is in line with the SBMA Chairman's determination to clear out erring locators engaging in the practice of landbanking or failing to do good with their development commitment. 

With this action, Tan believes that new and honest investors will be in the offing. (MPD-SBMA)

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SBMA takes over leased land of erring truck trading company

In consonance with the objective of President Ferdinand R. Marcos, Jr. to attain increased economic activity, Subic Bay Metropolitan Authority (SBMA) Chairman and Administrator Jonathan D. Tan has adopted a position to buckle down on erring locators, giving way to upright investors for more revenues and employment opportunities.

Earlier today, the agency Chief thru SBMA Senior Deputy Administrator Atty. Ramon Agregado led the repossession of the leased premises of the Nile Niigata Subic, a truck trading company located along Boton Highway, Subic Bay Freeport Zone.

In a letter to Nile Niigata President Muhammad Kafeel, Chairman Tan cited that the lease term of the company had already expired last January 31, 2022.

He further noted that the company has unsettled accounts with the SBMA amounting to almost P5Million. The said arrears represented the company’s unpaid lease rentals, Common Use Service Area (CUSA) fees, and the five percent share of the Aeta indigenous cultural community which had already accrued interests and penalties as of November 8, 2023.

Tan also mentioned that despite the foregoing defaults, he granted a final grace to fully settle their outstanding obligations and comply with the rules of the SBMA, on or before October 31. “Unfortunately, they failed to make a settlement despite the utmost liberality the SBMA has extended,” he added.

“While we try to understand the financial predicament of our locators, still, this is a business we need to run efficiently for our stakeholders and the country in general. This is why we are hell-bent and determined now more than ever, on taking over properties of erring locators so we can offer them to other legitimate companies that can help steer the country’s economy on an upward trend. The “how” is called “tough love.”

Nile Niigata was engaged in trading, import and export of trucks, buses and heavy equipment, including spare parts. It is also into trading of industrial construction and agricultural machineries and equipment, including conversion and repair parts. The company occupied 1,588 square meters of area of leased property, with a direct lease with the SBMA. (MPD-SBMA)

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SBMA repossesses former Duty Free Shop for multiple violations

The Subic Bay Metropolitan Authority (SBMA) has taken over the property of Duty Free Superstore, Inc. (DFSI) on Wednesday as the agency continues to clamp down on companies with contractual defaults.

The DFSI formerly occupies Building 332 and its adjacent lot at Burgos St., Naval Station. With an area of 651 square meters, while the adjacent lot has an area of 463 square meters.

Duty Free Superstore Inc. has a contractual default of non-payment of lease rentals, common use service area (CUSA) fees, and other charges that amounted to P15,932,595.16 as of March 2017.

“We conducted a clearing/ transfer of personal properties from the premises,” SBMA Chairman and Administrator Jonathan D. Tan,

The company has a lease agreement with the SBMA dated September 16, 2003, with a 25-year lease term that should have ended on September 15, 2028. The building and the adjacent lot was previously repossessed by the SBMA Legal Department on April 11, 2017.

Duty Free Superstore, Inc. has subsequently filed a Petition for Voluntary Insolvency at the Olongapo City Regional Trial Court, which was dismissed on September 2, 2020.

We want to continue with our thrust to repossess and reutilize idle lands inside the Freeport to promote a more efficient and vibrant business climate here,” Tan added.

During a hearing with Senator JV Ejercito, Tan said that the agency has currently repossessed 10 parcels of unused land, with 20 more lined up for repossession, adding that the agency is conducting audits to ensure business vibrancy at the Freeport. (MPD-SBMA)

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SBMA repossess 3 more properties of erring locators

True to its mandate of utilizing land areas efficiently, the Subic Bay Metropolitan Authority (SBMA) has taken over three more properties inside this premier Freeport on Tuesday.

According to SBMA Chairman and Administrator Jonathan D. Tan, the agency took over two buildings from Parabion, Inc. at the Cubi Triboa District within the Subic Bay Freeport Zone, adding that the area has a size of 1,176 square meters.

“The company has committed contractual defaults that prompted the SBMA to take over their properties. One is failure to comply with development commitments, and two for non-payment of lease rentals and Common Use of Service Area (CUSA) fees,” he said.

The company has amassed a debt in CUSA close to 10 million pesos as of July 28 of this year.

“We already sent them a final notice of default with demand to pay on November 22, 2022, then we sent them a notice of pre-termination and repossession on July 28 that was served on August 10. This is pursuant to SBMA Board Resolution No. 23-07-0173 that was approved last July 4,” Tan added.

Tan also pointed out that the agency took over Bldg. 8321 along Zambales Highway, Cubi Triboa District, and Bldg. 8359 along Bataan Road, also in the Cubi Triboa District.

The third property that was taken over by the agency was owned by Ramphos Corporation, a company that manufactures and sells amphibious ultralight aircraft.

The property is a 966-square-meter portion of Bldg. 8045-C at the Subic Bay International Airport (SBIA).

The company has an expired lease agreement with the SBMA since September 11, 2020, prompting the eventual take over by the SBMA last September 5, 2023.

The chairman confirmed that the company has contractual defaults such as non-payment of lease rentals (building spaces), CUSA fees, ACC and SOA fees amounting nearly PhP10 Million as of July 28 of this year.

The SBMA chief urged companies inside the Subic Bay Freeport to pay their dues diligently to ensure their seamless business operations inside this premier Freeport. (MPD-SBMA)

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Erring company in Subic Freeport closed by SBMA

Subic Bay Metropolitan Authority (SBMA) Chairman and Administrator Jonathan D. Tan led the repossession of a 1,500-square meter land area from an erring company as part of the agency’s thrust to regain areas for reutilization for other investors.

“We are repossessing leased areas of companies that do not comply with the agreement between them and the SBMA, and offer these areas to other investors,” Tan said.

The repossession of property transpired today at the Silver Arrow Import and Export Services, Inc. located at Lot 1, Boton Area, Argonaut Highway. The 1,500-sqm. land area of the company was repossessed due to contractual defaults.

According to Tan, the company failed to comply with its Investment and Development Commitment as provided in Section 7, Article II of the Lease Agreement between the company and the SBMA. Part of the said default is the failure of the company to develop the area with a funding allocation of at least US$1,000,000.

He added that the development commitment on the Leased Property should have a minimum cost of US$500,000 which includes the construction of a warehouse within two years from the issuance of its building permit.

“Aside from the Investment and Development Commitment, the company’s contractual default also includes non-compliance with the Omnibus Policy on Performance Bond, and failure to submit documents for the issuance of a building permit,” he said.

The said building permit is for the construction of a warehouse as stated under the company’s Development Commitment. Tan added that this is so despite the unreasonable length of time that had already lapsed since the execution of the lease agreement last July 28, 2015.

The SBMA had already served two notices before executing the repossession, with the Final Notice of Default with Demand to Pay dated June 19, 2023 that was served on June 26, 2023; and the Notice of Pre-termination and Repossession dated July 28, 2023.

“We are following President Ferdinand Marcos Jr.’s mandate to streamline operations within the Subic Bay Freeport Zone, and fully utilize land areas that are not being developed. But we are leaving space on the table for negotiations with the erring company so that they may continue with their operations efficiently,” Chairman Tan said.

The official said that this is the first of many repossessions that the SBMA will conduct as the agency clamps down on erring companies who have skimped on their obligations to the SBMA. (MPD-SBMA)

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