Former Bacolod Vice Mayor Renecito Novero, counsel for the Bacolod Real Estate Development Corp., yesterday said they are confident that the Court will grant the injunction they are seeking, adding that they have proven they are entitled to it.

BREDCO, represented by its president Simplicio Palanca, filed the case against the City of Bacolod , 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, for the passage of City Ordinance 454, or the “takeover” ordinance, last month.

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

During the joint hearing on the grounds for dismissal and application for preliminary injunction yesterday, Novero said there are existing contracts between BREDCO and the city government which are valid until today. He said these contracts are enforceable, legally binding and have never been revoked, cancelled or repudiated by any party except C.O. 454.

Novero said they believe the passage of the ordinance is not the proper way to repudiate the contract. He said the city should have filed a case of recession in court if they intend to invalidate, repudiate, cancel or put to no effect the contract.

He also claimed that they have proven that there is a contract and that BREDCO has existing rights which have been grossly violated by the passage of C.O. 454, and that the construction of the port involves not less than P1 billion and the reclamation project involved a very awesome task and expense.

Novero said they have also proven that if the city takes over the operation and management of the Bacolod seaport, it will cause a natural death to BREDCO, as a corporation and as an investor.

In spending for the construction, the development and the maintenance of the seaport, BREDCO had to contract loans from different financing and banking institutions in terms of hundred of millions of pesos, Novero said. BREDCO's only source of income is the seaport for now by which it can pay the loans, he said, so the court has to come in, in order to rescue BREDCO from this unjust situation.

City Legal Officer Allan Zamora, legal counsel for the city and the Mayor, said he does not believe that the request of BREDCO for an injunction will be granted.

Earlier, the defendants, represented by Zamora , former Councilor Lyndon Caña and Dindo Ramos, asserted that the complaint should be dismissed because BREDCO has transferred its rights and interest to Top Harbor International Inc. in a merger agreement.

Zamora said that until now they can not show a document that BREDCO authorized THII to manage and operate the port.

Asked for his assessment on the result of the hearing, Caña, who represents Sayson and the members of Council involved, said “So far I think it is going well for the city and the defendants.”

Former provincial prosecutor Reinaldo Nolido acted as lead counsel of BREDCO and Roseller Maalat as witness during the hearing yesterday.

Judge Fernando Elumba has set the continuation of the joint hearing on Thursday and Friday.

Meanwhile, Zamora said PPA-Bacolod port manager Enrique Fuentebaja has been designated by the PPA to represent the agency in the task force created by the Mayor for the pre-takeover preparation and actual takeover of the management and operation of the Bacolod port. He said they have not yet chosen a representative from the private sector in the task force, which he has been tasked to head.*CGS

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