Bacolod Mayor Evelio Leonardia yesterday said the new case against the construction of the government center seeking the declaration of nullity of Appropriation Ordinance No. 01 for the release of the mobilization fund, is apparently part of a "conspiracy."

A case was filed by eight barangay captains and two former executive assistants of two former administrations against Bacolod City represented by Leonardia and several officials, as well as Hilmarc's Construction Corp, represented by engineer Efren Canlas.

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 on March 1 before the RTC by barangay captains Madeline Diaz, Brigid Tan, Elvira Arcobillas, Norberto Subiate, Sammy Gaitan, Anjo Ayco, Rodolfo Montaño and Rufino Alcala, all identified with former mayor Luzviminda Valdez, as well as her former executive assistant Sancho Nagar Sr., and retired policeman Victor Eduardo, a former executive assistant of former mayor Oscar Verdeflor.

Other defendants in the case are 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, and Acting City Accountant Eduardo Ravena. Leonardia yesterday appealed to Bacolod Rep. Monico Puentevella and Valdez to stop sabotaging the project.

He said he believes they are trying to stop the realization of the government center by all means, because all the petitioners in the recent case are identified with Valdez, and those in the previous case with Puentevella, and they are just taking turns to see to it that the project will be derailed.

"I believe their efforts are getting nowhere, although admittedly it is affecting the government center project," Leonardia said. During his visits to the barangays and puroks, people have shown themselves to be overwhelmingly in favor of the project, he said, and if Puentevella and Valdez are for the interest of the city, they should, in fact, help it to succeed.

Ramos, meanwhile, said the recent case filed against the government center project is obviously politically motivated and a much weaker case compared to that earlier filed by another group.

He pointed out that the first case filed by the Kabalaka group was dismissed even without going through trial and he believes the recent one is even weaker and will also be dismissed.

Ramos said the recent case has no course of action and is politically motivated since their lawyer, Marvin Tañada, is running for councilor under the group of Valdez and the barangay captains involved are clearly associated with her.

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 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.

They 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 to declare C.O. 01 unlawful, illegal, capricious, contrary to public policy and public order. Gasataya said he believes that they violated no law when they approved the ordinance and their intention was to deliver the biggest project for Bacolod.

Brigid Tan claimed Valdez has nothing to do with the case. She said the petitioners just gathered together when they learned about the approval of the appropriation ordinance. She said the release of the P59 million fund appeared suspicious.

However, Valdez had called for a press conference questioning the appropriation ordinance while it was still being deliberated upon by the Sangguninag Panlungsod on Feb. 21.

At the press conference, she had said "It will strengthen the case filed by the Kabalaka group," which was still pending at the Regional Trial Court at that time, but which has since been dismissed.*CGS

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