The Regional Trial Court has dismissed the case filed by the Kabalaka group seeking the nullification of the contract between the Bacolod City government and Hilmarcs Construction Corp.

In his 17-page decision dated Mar. 9, RTC Judge Rodney Bolunia said the plaintiffs do not have any right to institute the case against the defendants, nor can they validly claim to be directly and particularly affected by the contract, considering that they are not real parties-in-interest.

There is also no showing, he said, that the contract entered into between the city and HCC for the construction of the government center created and imposed an unreasonable burden upon the taxpayers of Bacolod City.

The case was filed by Miguel Carriedo, Jesus Lazaro, Ben Solilapsi, Allan Calilan and Abraham Tingson against Mayor Evelio Leonardia, City Legal Officer Allan Zamora, 10 members of the Sangguniang Panlungsod, members of the Bids and Awards Committee, and Hilmarcs Construction Corp.

Bolunia said that, apparently, the suit stemmed from the plaintiffs' fear of wastage of public funds and perception of an unholy alliance between the city and HCC that could result to loss of public funds.

"UNFOUNDED FEARS"

This Court, however, will not allow itself to be coerced into giving its imprimatur of approval to such a partisan view of the contract, he said. To rule otherwise, will not only result to the delay, if not set back, of the long cherished progress of Bacolod City, its momentum already shown by the emergence of reputable commercial establishments, he added.

Bolunia said "Let every civic-minded citizen of Bacolod contribute to such progress either by performing any positive act geared towards the common good of Bacolodnons or simply desist from obstructing or derailing presumptively valid acts of city officials."

In short, "let not unfounded fears of corruption or improprieties be allowed to hinder the progress of Bacolod City," he said.

TAKING RISKS AND PROGRESS

Bolunia said whatever imperfections in the contract entered into as long as not substantial must yield to its noble purpose. "A true leader embarks into a particular venture notwithstanding some dangers co-commitant thereto," he said.

"It is a choice between taking risk to achieve progress or not doing at all and thus the consequent paralysis in the government operations," he added.

Bolunia said that, based on the foregoing ratiocinations, the Court is of the view that the plaintiffs are not the real parties-in-interest as they would not be directly benefited or injured by the outcome of the case.

The plaintiffs also failed to show that they will sustain or are in immediate or imminent danger of sustaining direct injury as a consequence of the enforcement of the contract, he said.

ONLY HARASSMENT, SABOTAGE

Meanwhile, Mayor Evelio Leonardia said he expected the dismissal of the case, because from the start, they knew it had no legal basis at all. It was only meant to harass, sabotage and politicize the government center project, he said.

"I appeal to Bacolod Rep. Monico Puentevella to stop sabotaging the project because this is what the people want, and this is long overdue," Leonardia said. He said he is afraid that what happened to the case of the nurses will also happen to the project, and the city will suffer if it will be made to pay about P50 million in damages by HCC.

If the project is not finished in 38 months, the Gonzaga family who donated the property, estimated to be worth about P150 million by this time, will take it back, he said.

VISIT THE SITE

He appealed to Puentevella to put the interest of the people first. He also invited the public to visit the site since he has seen how fast the work on the project is, having visited the area himself yesterday.

Zamora said the Court sustained their stand to dismiss the case. He said the plaintiffs have no legal standing since they are not the real parties in interest since the case is not a taxpayers suit.

He also said he believes the case filed before the Ombudsman against them on the same matter by a retired policeman will also be dismissed.*CGS

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