The Regional Trial Court dismissed for lack of merit a civil case filed by two former executive assistants and eight barangay captains against several Bacolod City officials seeking the declaration of nullity of an appropriation ordinance approved by the city for the construction of the government center.

The case was filed by Victor Eduardo, Sancho Nagar Sr. and Barangay Captains Madeline Diaz, Brigid Tan, Elvira Arcobillas, Norberto Subiate, Sammy Gaitan, Anthony Jose Loth Ayco, Rodolfo Montaño Sr. and Rufino Alcala against Mayor Evelio Leonardia, former Vice Mayor Renecito Novero, nine councilors, City Treasurer Annabelle Badajos, City Accountant Eduardo Ravena and Hilmarc's Construction Corp. represented by Engr. Efren Canlas.

Appropriation Ordinance No. 1 Series of 2007 was approved by the Sangguniang Panlungsod early this year to provide the initial fund to cover the mobilization fee for the construction of the government center.

The plaintiffs claimed that the enactment of the appropriation ordinance is spurious, illegal and contrary to the memorandum of agreement executed by and between the city and HCC, as the funds for the construction of the project should come from Land Bank of the Philippines, and thus constitutes double funding.

They also said it was done hastily and prompted by sinister and questionable motives, and that it would cause great and irreparable damage and miseries to the residents and constituents of the city.

In his 18-page order dated Aug. 21, 2007, RTC Judge Gorgonio Ybañez said no law has been violated in the enactment of subject ordinance. He said the amount of P59.2 million was appropriated from the surplus funds of the city and not from funds already appropriated for specific purposes and/or basic services. It was lawfully and duly passed by the city, and for a laudable public governmental purpose - the construction of its long-needed government center.

Ybañez said there can be no double funding, contrary to the contention of the plaintiffs because no funds had been, and will be released, and none can be released, by the LBP, as the intended loan from the bank never materialized. He said there is nothing mentioned in the contract between the city and HCC that the money to be paid to the contractor should come from LBP.

The "great and irreparable damage or injury" claimed by the plaintiffs appears unfounded and, at most, is in existence only in their minds, Ybañez said. Their complaint did not even alleged that they suffered direct injury, or that they will directly suffer injury, as a result of the passage of subject ordinance, he said.

Ybañez said other than the fact that plaintiffs are not real parties-in-interest, therefore, their complaint states no cause of action against the defendants, the grounds claimed and relied upon by them in filing the case have been found to be utterly lacking in merit.

He said the claims of the plaintiffs that the certificate of title over the property has not been transferred yet in the name of Bacolod City in the records of the Registry of Property, is of no moment, as a certificate of title simply recognizes an existing right and merely evidences one's ownership.

The perfection of the donation in accordance with law, as early as June 14, 2006, was that which conveyed and granted ownership to the City of Bacolod over the donated property, Ybañez said.

Ybañez said the Court takes judicial notice that since its creation in 1936, the City of Bacolod is still in that "small City Hall" which is no longer adequate for its government functions and purposes, and not any more commensurate with its stature.

He said adjacent small cities in the north and south, which became cities just a few years back, have already built and have their own big, beautiful and magnificent City Halls, while Bacolod has continued to make do with its present small one.

Ybañez said the donation of the 5-hectare property valued by the millions of pesos is located beside the circumferential road which is very suitable as the seat of the city government. He said it is also the opportune time for the city to build and have a government center which will afford a much better working condition that will help improve the delivery of services and the performance of governmental functions. "If HCC had not commenced construction in December 2006, by this time the property would have already reverted back to the donor, therefore, still no government center for the City of Bacolod, despite the long-need for it and despite the golden opportunity brought about by such donation made available 'on a silver platter,' so to speak, for the city," Ybañez said.

Had it reverted back to the donor, the Court perceived it to be a great loss on the part of the City of Bacolod, he said.

Meanwhile, Leonardia recalled that a previous case involving the government center and another case filed against them by Phuture Visions for the closure of the bingo outlet at SM City were dismissed, aside from the latest case, which he considered as "three hits."

He said the dismissal of the case is a validation that they followed procedures and that, all along, the case against them was motivated by malice. "They are doing a shotgun approach, filing cases left and right and I appeal to them to stop," he added.

City Legal Officer Allan Zamora said all three cases did not reach first base since there was no trial. He said the plaintiffs can still file a motion for reconsideration, although he believes it will just be dismissed.*CGS

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