Another one, as anticipated.

A civil case seeking the declaration of nullity of Appropriation Ordinance No. 01 Series of 2007, for the release of the mobilization fund for the construction of the government center, was filed on March 1, by 10 persons against several Bacolod City officials.

On March 9, Regional Trial Court Judge Rodney Bolunia had dismissed a case seeking the nullification of the contract between the city and the government center contractor, Hilmarcs Construction Corp., filed by another group.

The new one was filed before the RTC by barangay captains Madeline Diaz, Brigid Tan, Elvira Arcobillas, Norberto Subiate, Sammy Gaitan, Anjo Ayco, Rodolfo Montaño and Rufino Alcala, as well as former barangay captain Sancho Nagar Sr., and retired policeman Victor Eduardo.

Defendants in the case are Mayor Evelio Leonardia, Vice Mayor Renecito Novero, Councilors Greg Gasataya, Napoleon Cordova, Al Victor Espino, Dindo Ramos, Homer Bais, Jude Thaddeus Sayson, Jocele Batapa-Sigue, Arturo Parreño and Marx Louie de la Rosa, Acting City Treasurer Annabelle Badajos, Acting City Accountant Eduardo Ravena and Hilmarc's Construction Corp. represented by engineer Efren Canlas.

In their complaint, the plaintiffs said the Sangguniang Panlungsod, presided over by Novero, approved C.O. 01 in the sum of P98,523,811.65 on Feb. 21, 2007, which includes the amount of P59,243,568.15 for payment to HCC, representing the 15 percent mobilization fund for the construction of the project.

They claimed the amount was captioned as CEO-Public Works, DIV Property-Plant and Equipment Buildings (contractual obligation). They also questioned the certification of Badajos, certifying among others the "available gross income" of P43,623,811.65 and the certification of Ravena certifying among others the available sum of "Net operating surplus for 2006 amounting to P55 million.

"SPURIOUS, ILLEGAL"

They also claimed that the enactment of Appropriation Ordinance No. 01 is spurious, illegal and contrary to the memorandum of agreement earlier executed between HCC and the city, as the funds for the construction of the project should be taken from the proceeds of the loan with Land Bank of the Philippines contracted by the city in the amount of P400 million.

They also said great and irreparable damage or injury, as well as, "untold miseries" would be caused to the residents and constituents of Bacolod City because the money disbursed under the ordinance is taxpayers' money which would be unnecessarily and unlawfully expended since the funding for the project in question is already provided for by a loan from LBP, which will be paid by the residents of the city. They asked the Court that C.O. 01 be declared unlawful, illegal, capricious, contrary to public policy and public order.

NO LEGAL REASON

Meanwhile, City Legal Officer Allan Zamora said there is no legal reason to nullify the Appropriation Ordinance because all the requirements of the law had been complied with. He said there is no specific allegation in their complaint that the process in the passage of the Appropriation Ordinance was irregular or illegal.

Zamora said they received their summons only Thursday and he believes the case will not prosper. In the ordinary course of things, once it reaches the Court, the presumption of the law is always regularity of official function, he said. It is not for the city but for them to prove that there is something irregular, he added.

Zamora said it is obvious that the direction of the political opponents of the Mayor is to stop the construction of the government center. If one has noticed, all the cases filed against the Mayor has something to do with the construction of the project, he said. They expect more cases to be filed against them and the city is ready for whatever cases they will file in relation to the government center, he added.

MORE CASES EXPECTED

Novero said he expects that more cases will be filed against them because of the coming elections. He believes the persons who filed the case are the same personalities involved in the case seeking the declaration of nullity of the contract between the city and HCC, which was recently dismissed by the RTC, he said.

These people do not want the government center pursued, Novero said.

Meanwhile, Rolando Villamor said they will question the dismissal of the order of the judge on the case filed by the Kabalaka group seeking the nullity of the contract between the city and HCC.

CASE DISMISSED

Regional Trial Court Judge Rodney Bolunia dismissed on Mar. 9 the case filled by Miguel Carriedo, Jesus Lazaro, Ben Solilapsi, Allan Calilan and Abraham Tingson against the Mayor, Zamora, 10 members of the SP, members of the Bids and Awards Committee and HCC, citing that the plaintiffs do not have the 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.

He also said hat there is also no showing, 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.*CGS

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