REPUBLIC OF THE PHILIPPINES AND HON. JEREMIAS DOLINO, IN HIS CAPACITY AS REGIONAL EXECUTIVE DIRECTOR, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR) REGION VII OFFICE, VS. HON. COURT OF APPEALS, HON. ISAIAS P. DICDICAN, IN HIS CAPACITY AS PRESIDING JUDGE, BRANCH 11, RTC, CEBU CITY, AND EMRO

Ruling

WHEREFORE, in view of the foregoing premises, let a writ of preliminary prohibitory injunction issue restraining, prohibiting or preventing the respondent and all those who may be acting in his behalf from cancelling and/or revoking, or threatening to cancel and/or revoke, or causing the cancellation and/or revocation of, the Foreshore Lease Contract between the petitioner and the Republic of the Philippines over the foreshore land located in Ibo, Lapu-Lapu City, subject to the petitioners posting of an injunction bond in the sum of ten thousand pesos (P10,000.00). [2] The facts are as follows: On March 23, 1994, private respondent EMRO International, Inc. (EMRO), represented by Emilio M.R. Osmeña, entered into a Foreshore Lease Contract with petitioner Republic of the Philippines, represented by Department of Environment and Natural Resource (DENR) - Region VII Executive Director Jeremias Dolino. The pertinent provisions of the contract state: WITNESSETH FIRST - That the PARTY OF THE FIRST PART, for and in consideration of the rents, covenants and conditions hereinafter contained, to be paid, kept and performed by the PARTY OF THE SECOND PART, has demised, leased and let, and does hereby demise, lease and let unto said PARTY OF THE SECOND PART, the land, together with the appurtenances thereunto of right belonging, lying and being in the barrio of Ibo, Municipality of Lapu-Lapu City, Province of Cebu, Philippines, being a part of the public domain, the property of the said Republic of the Philippines and more particularly described on page 7 of this contract, and Survey Plan No, FLC-072226-125. SECOND. -- TO HAVE AND TO HOLD the said described premises unto the said PARTY OF THE SECOND PART for the full term of twenty five (25) years, from and including the First day of April 1994, at a yearly rental of SIXTY THOUSAND NINE HUNDRED THREE and 50/100 (P60,903.50) Philippine Currency, to be paid annually in advance on or before the FIRST day of APRIL of each and every year, during the life of this lease, at the Community Environment and Natural Resources Office (CENRO) which lease may be renewed for another period of twenty five (25) years at the option of the PARTY OF THE FIRST PART, and if the circumstances of the case would so warrant. All rents payable to the PARTY OF THE FIRST PART, under this lease shall draw interest at the rate of four per centum (4%) per annum from and after the date they become due as provided herein. . . . . SEVENTH. - That the said PARTY OF THE SECOND PART, shall not sublet the whole or any part of the premises herein described, or the improvements therein, assign this lease, or encumber ANY rights thereunder, without permission, in writing of the Regional Executive Director, DENR-7, Banilad, Mandaue City first had and obtained. . . . . TENTH. - It is further covenanted and agreed that for a breach of any of the covenants herein by the said PARTY OF THE SECOND PART save these covenants for breach of which special provis