The defendants in the civil case filed by the Bacolod Real Estate Development Corp. against the passage of City Ordinance 454, or the ”takeover” ordinance, asked the court to dismiss the case, citing two grounds.

Defendants City of Bacolod and Mayor Evelio Leonardia, in their answer, said the complaint does not state a cause of action as the plaintiff is not a real party in interest, and has no legal capacity to sue.

BREDCO, represented by its president, Simplicio Palanca, filed the case last month against the city, 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 declare C.O. 454 null and void for being unconstitutional, violative of pertinent provisions of the New Civil Code, violative of, and non-compliant with the pertinent provisions of the Local Government Code particularly in the required number of votes for its passage, and called it an ultra vires act of the defendants in the light of P.D. 1084 and Philippine Reclamation Authority Administrative Order 2005-01.

The motion for preliminary hearing of the special and affirmative defenses was filed yesterday by City Legal Officer Allan Zamora, who represents the city and the Mayor.

Zamora said the hearing of the motion for preliminary hearing is set Feb. 6 while the hearing of the Injunction and TRO filed by BREDCO has been set by the court on Feb. 14.

In their answer, the defendants said BREDCO unilaterally terminated the Comprehensive Revised Reclamation Agreement, the memorandum of understanding and the memorandum of agreement in had entered into with the city, when it assigned, transferred and conveyed its right to operate and manage the port and harbor facilities, including the right to reclaim, to another entity, Top Harbor International Inc., without notice to, and consent of defendant City of Bacolod.

They said THII is a stranger to the City of Bacolod as far as C.O. 157, Series of 1961, the CRRA of 1995, the MOA of 2000 are concerned.

Under such factual circumstances, they said, it is but proper and legal for the City of Bacolod to take over the operation and management of the port and port facilities, as its owner.

The defendants also said that in as much as BREDCO no longer has any interest or even a semblance of right in the management and operation of the port and harbor facilities at the reclamation area, and no longer has any right to reclaim, having assigned and transferred its rights to the Top Harbor International, it is not a real party in interest and has no legal standing to file the case.

The case filed by BREDCO, therefore, should and must be dismissed on these grounds, they said.*CGS

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