The Bacolod Real Estate Development Corp. filed a civil case in court yesterday against the Mayor and eight other city officials for the passage of City Ordinance 454, or the “takeover ordinance” involving the seaport operations and the unfinished portion of the reclamation project at reclamation area in Bacolod City .

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

BREDCO asked the court to declare the defendants guilty of breach of contract in passing the questioned ordinance in the light of Article IX (6), Article IX (10) and Article III (A3) of the memorandum of agreement, as well as, provisions of IX (5) of the Comprehensive Revised reclamation Agreement between BREDCO and the city.

It also asked the court to declare defendant city as having forfeited, or having been disqualified to, the titles of the port as a consequence of its overt and willful abnegation of its reciprocal obligations under IX (5) of the CRRA and declaring itstead plaintiff as the one entitled to the lawful ownership and perpetual possession of the port.

NO LONGER LIABLE?

BREDCO asked the court to further declare the defendants as no longer entitled, and the plaintiff no longer liable to the annual fixed sum under IX (4) of the CRRA.

It also asked that defendants should be ordered to jointly and severally pay plaintiff P1 million for moral damages, P3 million as exemplary damages, P5 million as attorney's fees plus P5,000 for every appearance in court, P1million as refund for the actual expenses incurred by plaintiff at the filing of the complaint and ordering the defendants to pay the costs of the suits.

BREDCO is represented by former Vice Mayor Renecito Novero, Roseller Maalat and former provincial prosecutor Reinaldo Nolido.

“NOTHING PERSONAL”

Novero said they believe the ordinance is not the proper remedy for addressing what seems to be an impasse between BREDCO and the city. He said this case is nothing personal or political but purely legal and professional. He said Leonardia and Sayson are both his political allies.

Novero said they are contending that the ordinance is in violation of the Bill of Rights of the Constitution, the law on contracts, P.D. 1084 and the PRA Administrative Order 2005-01 and that the city has no jurisdiction at all on the reclamation aspect.

He said they are willing to enter into “mediatable” terms provided it will be reasonable and be beneficial both to the city and BREDCO.

A FINAL SOLUTION

Novero said perhaps the case will provide a final settlement and solution to the long nagging controversy that kept on resurrecting especially every time there is an election.

Asked for his reaction, Leonardia said “It's BREDCO's right to attend to its interest and we are confident that, in the end, our actions will be taken positively by the public, and that we will win on the merits of the case.”

He said he does not take this personally because Novero continues to be a good friend and even a political ally. He said he has nothing personal against anyone in BREDCO.

“I find the amount quite excessive, but of course, I can't blame my colleague if they acted according to their belief and maybe that is what we call our occupational hazard in public office,” Leonardia said.

CASE FILING EXPECTED

Sayson and Flor said they have not received a copy of the complaint yet. While Flor said they are always ready for it, Sayson said it is the constitutional right of BREDCO to file the case.

Gasataya said he has been expecting the case and they will just answer it in court.

Rojas said it is a starting point so they can straighten out the problem of BREDCO. He said he hopes the Mayor will come up with a scheme to negotiate with BREDCO before the takeover is implemented. If the stand of BREDCO is to file a case in court, let the matter be settled there, he added.

Ramos said they have been expecting it and it is a welcome development for them so they can prove that what they have done and have been doing is in accordance with law.*CGS

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