The Bacolod Sangguniang Panlungsod unanimously passed a resolution Wednesday urging the mayor to implement the ordinance for the takeover of operation and management of the Bacolod City port.

Proposed by Councilor Celia Flor, the resolution also requested Mayor Evelio Leonardia for the status or action the city has taken regarding the implementation of the takeover ordinance.

The ordinance laying down policies, guidelines, rules and procedures for the protection of the rights of ownership of the city over the reclamation project, port and port operations at the reclamation area was re-introduced by Councilor Dindo Ramos in July 2007.

Flor asked if the city is serious in implementing the legislation that has been passed by the SP almost five months ago. The ordinance was approved by the SP on Dec. 19, 2007.

She said she believes the city can implement the ordinance since the court has not issued an injunction to stop its implementation. 

The Bacolod Real Estate Development Authority, represented by its president, Simplicio Palanca, had filed a case against several officials for the passage of City Ordinance 454 or the “takeover” ordinance last January 2008.

Palanca asked the court to declare C.O. 454 null and void for allegedly being unconstitutional, violative of pertinent provisions of the law and an ultra vires act of the defendants.

BREDCO also 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 main case has not been resolved.

On the other hand, Bacolod Mayor Evelio Leonardia, Vice Mayor Jude Thaddeus Sayson, Councilors Al Victor Espino, Dindo and Kevin Ramos, Homer Bais, Greg Gasataya, Roberto Rojas and Celia Flor, asked the court to dismiss the case filed against them.

They said the plaintiff is not a real party in interest and has no legal capacity to sue as it has no legal standing to file the case.

The case is still pending in court.*CGS

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