No conspiracy, he says.

There is no conspiracy plot against the construction of the government center project and they are only pushing for transparency, good governance and responsible leadership, Barangay Captain Anjo Ayco said yesterday.

He claimed that the case they filed seeking the declaration of nullity of Appropriation Ordinance No. 01 for the release of the mobilization fund is not an obstruction since they are not against the construction of the project but are only questioning the process in which taxpayers money is being disbursed.

Ayco was reacting to the statement of Bacolod Mayor Evelio Leonardia that the case filed against them is a "conspiracy of obstructionists."

When the second case involving the government was filed, against him and other city officials, Leonardia said it became very clear that the purpose of the filing is to do everything they can to derail the project. What is even more ironic and tragic is that the obstructionists are either public officials, or those who want to become public officials, he said.

He also said everything about the project is transparent, legal, and can stand the scrutiny of any investigation or court. Nothing has been "tampered", nothing has been stolen, and all the laws fully complied with, he added.

The new 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.

Case no. 2 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 said they have identified the first case as coming from the camp of Bacolod Rep. Monico Puentevella, and the new one from the supporters of former mayor Luzviminda Valdez. He said he believes city residents and officials generally want the government center because it is needed by the city. These cases are clearly intended to threaten the city officials so they will not act, he added.

Leonardia said "They are determined and are doing everything to derail the project, and we are also determined to do everything to see to it that this project proceeds and becomes a reality."

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.

City Legal Officer Allan Zamora said they are preparing the answer of the Mayor, the City Accountant and Treasurer to the charges within this week. He said he believes the new case will also be dismissed by the Court because one of the basic requirements imposed by the law, before one could ask for the nullification of an ordinance, was not complied with by the plaintiffs, which is for them notify the Solicitor General and to furnish him a copy of the complaint.

NOT IN THE MOA

Zamora said it is not accurate for them to say that there is a memorandum of agreement between HCC and the city stipulating that the funds to be used for the government center is the loan from the LBP since there is no such MOA. In that contract it was not mentioned where the funds to be paid to HCC will be sourced, he said.

While they claim to be taxpayers, they did not claim that what they filed is a taxpayers' suit, Zamora said. They injected allegations which are not the basis for the nullification of the case, he said.

Leonardia said "I appeal to Valdez and Puentevella to stop trying to sabotage the project and to consider the interest of the city, over and above their own political interests."

Tan said they are not obstructing the project but they want to address the process of the release of the P59 million for payment of the project since, she claimed, the property has no title yet.

Arcobillas said he believes there are other projects that have to be prioritized like their Annual Investment Plan which she claimed has not been implemented since 2004.

Nagar said the case is not politically motivated, although he was former executive assistant of the Valdez administration, since in the 2004 elections he claimed to be instrumental in the victory of Leonardia.

Diaz said they don't know where their AIP is and they are questioning the haste in which the P59 million was released.*CGS

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