DFA: Proposed sale of Philippine properties in Japan will lead to legal problems

The proposed sale or development of various Philippines-owned properties in Japan will result in legal problems for the Philippine government, the Department of Foreign Affairs (DFA) said.

The DFA made the statement in its position paper on House Bills 1921 and 5841, which seek to sell properties given by the Japanese to the Philippine government located in Roponggi, Nampeidai, and Fujimi in Tokyo as well as Naniwa-Cho and Obanoyama in Kobe to fund the pension and benefits of veterans and military retirees.

The DFA said the Roponggi property—which first floor and part of the basement are currently used as offices of the Philippine Embassy in Tokyo—is already subject to the 1997 Development Agreement and will only be reverted to the Philippine government in 2047.

“The sale or development [of the Roponggi property] would affect existing rights of third parties under Japanese law,” the DFA said in its position paper obtained by GMA News on Wednesday.

As for the Nampeidai property, the DFA said that it is still subject to pending litigation before the Supreme Court and was also subject to 10 cases in Japanese courts, from 2007-2018.

The Nampeidai property, at present, is being used by the Embassy as venue for Filipino Community events, and extension offices of the Embassy.

In addition, the DFA said that the Naniwa-Cho and Obanoyama properties in Kobe prefecture cannot be sold since these are subject to the 2005 Service and Development Agreement (SDA) which also provides that the possession of property will only revert to Philippine government in 2058.

“The redevelopment or sale of these [Kobe properties] will lead to costly litigations in Japan. As the possession of the property will not revert to Philippine government until 2058, any redevelopment or sale now will also not generate maximum price for the property for the Philippines,” the DFA added.

Representative Rufus Rodriguez of Cagayan de Oro backed DFA’s position in a separate statement by citing a 1990 Supreme Court which ruled that there is no law authorizing the sale of the Roponggi property and that the said property “is valuable not so much because of the inflated prices fetched by real property in Tokyo but more so because of its symbolic value to all Filipinos—veterans and civilians alike.”

The same ruling also stated “Whether or not the Roponggi and related properties will eventually be sold is a policy determination where both the President and Congress must concur. Considering the properties’ importance and value, the laws on conversion and disposition of property of public dominion must be faithfully followed.”

“It is clear in the decision of the Supreme Court that any such conveyance must be authorized and approved by a law enacted by Congress, and that it requires executive and legislative concurrence,” Rodriguez said.

“As declared by the high tribunal, the importance of the country’s war reparation assets in Japan “is their symbolic value to all Filipinos,” Rodriguez added. — BM, GMA News