The port manager of the Philippine Ports Authority in Bacolod City testified during the hearing Thursday that it is Top Harbor International Inc. and not the Bacolod Real Estate Development Corp. that pays all the charges and other dues to PPA, City Legal Officer Allan Zamora said yesterday.

Zamora said Enrique Fuentebaja was one of the witnesses presented by former Councilor Lyndon Caña during the joint hearing of the case between BREDCO and the Bacolod City government.

BREDCO, represented by its president Simplicio Palanca, filed the case against the passage of City Ordinance 454, or the “takeover” ordinance, in January against the city, Mayor Evelio Leonardia,  Vice Mayor Jude Thaddeus Sayson, Councilors Al Victor Espino, Dindo and Kevin Ramos, Homer Bais, Greg Gasataya, Celia Flor and Roberto Rojas.

It asked the court to issue a temporary restraining order and preliminary injunction to prevent the city from taking over the port management and operation while the case has not yet been resolved.  

The city government, on the other hand, asked the court to deny the TRO and preliminary injunction prayed for by BREDCO.

Zamora said that, based on the records of PPA, the one paying all the charges is THII and not BREDCO, which proves that it is not BREDCO that is managing and operating the port.

He said former Vice Mayor Renecito Novero, one of the counsels of BREDCO, claimed that THII is an affiliate of BREDCO. But the fact is that, until now, BREDCO has not presented documents to show that THII is an affiliate, he added.

Zamora said that the Comprehensive Revised Reclamation Agreement between the city and BREDCO states that the latter can have an affiliate provided, that the affiliate corporation will be bound by the terms and conditions of the CRRA. So, in the absence of any document showing that THII is an affiliate of BREDCO, THII is not bound by the terms and conditions of the CRRA, he also said.

Zamora said Fuentebaja also testified during the joint hearing that the certificate of registration/permit to operate of BREDCO was revoked by the agency in May 2007 for failure of BREDCO to explain why it has charged higher tariffs without approval of PPA.

Caña, who represents Sayson and the councilors, said he will present another witness on April 15.*CGS

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