A resolution approving the request of the Mayor for authority to take legal action for judicial determination of what constitutes a fair and reasonable yearly rental for the management and operation of the Bacolod Port was passed by the Bacolod Sangguniang Panlungsod yesterday.

Those who voted in favor were Councilors Jude Thaddeus Sayson, Dindo Ramos, Homer Bais, Greg Gasataya, Arturo Parreño, Al Victor Espino and Jocelle Batapa-Sigue. Councilor Lyndon Caña voted against it while Councilors Catalino Alisbo, Reynold Iledan and Napoleon Cordova abstained. Those who were not present at the session yesterday were Councilors Ana Marie Palermo, Elmer Sy and Marx Louie de la Rosa.

Caña said he believes the interest of the city will be served if the titles of the ports are put in its name because it will be in a position of strength. He said he has batted for the titling of the ports in the name of the city since last year through five resolutions and two letters agitating that the matter be followed up.

However, the letter of the city was sent to the Philippine Estate Authority only last Dec. 27, 2006 in spite of the fact that there is the first resolution in August urging the titling of the ports, he added.

He said, he feels very uncomfortable that a case is to be filed in an election time as March is already election month with the filing of the certificates of candidacy to end on March 29 and the campaign period to start March 30.

Caña also asked whom is the city is dealing with -- BREDCO or Top Harbor International Inc. - because the two are not the same. He said the City Legal Officer has a theory of "unilateral abandonment of contract" because the BREDCO they were dealing with in 1961 and in the Comprehensive Revised Reclamation Agreement of 1995 is not the same BREDCO they are dealing with at the reclamation area.

Sayson said he believes that by authorizing the Mayor to file a case for judicial determination of what constitutes a fair and reasonable yearly rental for the management and operation of the port, without prejudice to other legal remedies, they did not surrender their right for takeover. At the same time there is a closure on the issue for the determination of the annual port rental, he said.

Sayson said they have passed a takeover ordinance and conducted public hearings with the business community and the Integrated Bar of the Philippines last year on what is reasonable and fair rental be brought to the court.

Ramos said he believes it was the best possible solution under the present circumstances. He believes that if two parties can't decide, it is best to ask the court what is fair, reasonable and advantageous to the city. They have decided to authorize the Mayor, otherwise, they will be blamed for nor taking action, he said.

Ramos said the city is disadvantaged since the port rental of P800,000 has not been adjusted for several years and he believes the rental should be determined. He said they are mandated to review the upward adjustment every five years and they also have an option to take over.

Bais said he believes that in their term, they should determine how much BREDCO should pay the city. "When I voted in favor of the resolution it does not follow that I abandoned my stand for takeover," he said. My stand is still the same - for as long as BREDCO is not the one running the port, the city should take over its operation and management," he added.

"I believe the request of the Mayor will be beneficial to the city," Bais said, adding that they should determine how much rental BREDCO should pay especially that it failed to pay its annual rental of P800,000 to the city last year after the SP voted for the takeover of the port operation and rental.*CGS

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