Plain and simple treason.

That was Bacolod Councilor Lyndon Caña's reaction yesterday to the claim of the Bacolod Real Estate Development Corp. that the city government does not own the Bacolod port.

Emilio Jison, Top Harbor International Inc. managing director, had said that the city can only take over its own property, after being informed that the city negotiating panel had recommended the takeover of the port management and operation.

The panel had made the recommendation after the 60-day renegotiation between BREDCO and the city failed, and no agreement was reached between the parties for the increase in compensation for the management and operation of the port.

Jison, citing Presidential Decree 857, said the city does not own the port because it belongs to the national government.

Caña said BREDCO has somehow forgotten the definition of a public port, which, although owned by the Philippine Ports Authority, is not funded by national funds. Before, it was thought that the only issues involving BREDCO were violations and rentals, he said. Now it has taken a turn for the worse and is getting unbelievable because now the manager has the audacity and temerity to deny the rights of the owner to the extent of saying that the owner is no longer the owner, he added.

WAS THE CITY TRICKED?

Caña said P.D. 857, or the Revised Charter of the PPA, which Jison and BREDCO president Simplicio Palanca are referring to, is circa 1975, but the Comprehensive Revised Reclamation Agreement, or the contrast between the city and the company was in 1995 only. Why did Palanca sign the CRRA, which states in its Article 9 Section 6, that BREDCO's obligation is to deliver the titles over the port immediately to the city, free from all liens and encumbrances?

Is he now saying that he tricked the city in 1995? Caña asked.

"I just hope and pray that the Sangguniang Panlungsod will prove itself with a moral backbone to stand up and vindicate the rights of the city which are now being defied by BREDCO, which is just the manager of the port, " he said.

Bacolod Mayor Evelio Leonardia yesterday endorsed to the SP the recommendation of the city negotiating panel to take over the management and operation of the port, which is consistent with his Oct. 12, 2005 decision. He said that, before the takeover is undertaken, he will recommend that the SP pass an appropriate city ordinance to include policy guidelines for the proper and smooth takeover.

PORT OWNERSHIP DEFINED

Leonardia said it is clear that the city owns the port as stated in the contract. He said the primary consideration why the city is allowing BREDCO to reclaim is so that the city could have a port.

Way back in October, there were already groups, sectors, or even councilors who were very vocal for the takeover, Leonardia said.

"To show that we really wanted to explore all avenues to avoid a possible legal battle, I opted for the 60-day period to negotiate so we could come to a settlement that is fair and equitable to all," he said.

The takeover is just an option we are taking because the 60-day period did not produce results, he added.

Asked about the political fall-out from this, Leonardia said his political career was never a consideration when he made the decision. It was a question of what we thought was legal and the correct action in order to protect the interest of the city, he said. We know that there is always a risk in everything you do. We are willing to face the consequences of our action, after all, that is our conviction, so we will stand on it, he also said.

WILL NOVERO INHIBIT SELF?

Vice Mayor Renecito Novero yesterday said that once the recommendation is submitted to the SP, they will have it studied by the appropriate Committee that will submit its report to the SP for discussion and votation.

Asked if he is willing to inhibit himself, Novero, who is also the lawyer of BREDCO, would only say "There are many possibilities here, so let us not talk about personalities but let's talk about the issues only."*CGS

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