The Bacolod Real Estate Development Corp. will file a case in Court if the proposed “takeover ordinance” is passed by the Bacolod Sanggunian on final reading and becomes a law, its lawyer said yesterday.

The proposed ordinance laying down basic policies, guidelines, rules and procedures for the protection of the rights of ownership by the city over the port and port operations at the reclamation area in Bacolod City was passed by the Bacolod Sangguniang Panlungsod on second reading last week.

Rosellier Maalat, legal counsel of BREDCO, yesterday said they will ask the Court for the declaration of nullity of the ordinance with preliminary injunction and prayer for temporary restraining order.

He said the proposed ordinance is a violation of the non-impairment clause of the Constitution which states that no law shall be passed impairing the obligation of the contract. It also violates the provision of the Constitution that no person shall be deprived of life or property without due process of law, he said.

Due process means, he said, that one has to file a case in Court if it wants to take the property of an individual, Maalat said. If there was a violation of the contract, the other party should seek judicial intervention, he said.

Maalat said he heard that the city will use the administrative process. But the matter is not subject to an administrative procedure, he claimed.

He said he recalled that during a public hearing conducted by the SP with the representatives of the Integrated Bar of the Philippines , the lawyers' opinion was that the city could not take over the operation and management of the port, yet they pursued it.

Councilor Dindo Ramos said the takeover ordinance was not made had the negotiation between BREDCO and the city been successful. The SP only reacted to the call of the Mayor to pursue vigorously the takeover when the negotiations failed, he said.

BREDCO forced the city to make a move to assert its right of ownership over the port after it failed to perform its moral obligation to the city, Ramos said.

Ramos pointed out that the one operating the port now is Top Harbor International Inc. which is not a party to the contract. If BREDCO had respect for the city, being the owner of the port, he said, it should not have conveyed, transfer and ceded the operation of the port to another corporation (THII) which is separate and distinct from it.

Ramos said the SP only vindicated the rights of the city which had been violated by BREDCO for a number of years now.

He said “Anybody has the right to express his opinion but I believe that if we follow the principle of regularity of official function, we performed our function as city officials.”

He also said that since this has the presumption of regularity, the ordinance can be enforced by the city unless otherwise there is a final judgment issued by the Court declaring it null and void.

Without a declaration from the Court, the ordinance is operative, Ramos said.

Ramos said that, with presence of Barangay Captain Diosdado Valenzuela, who took over the post of Liga nga mga Barangay president from Councilor Arturo Parreño, he is confident the takeover ordinance will be passed on third and final reading.

He said Parreño was not in favor of the takeover ordinance but he believes Valenzuela is in favor, based on his assessment. Once you pass the ordinance on second reading, it is automatic that it can be passed on third reading, he said.

Meanwhile, Bacolod Rep. Monico Puentevella had said he is in favor of a negotiation between BREDCO and the city.

However, Ramos said the Vice Mayor claimed that Puentevella was an instigator of the takeover. He believes that that is not the initial stand of the solon, he said, since Puentevella was in favor of rebidding and to take from BREDCO the operation of the port.*CGS

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