BY THE BOHOL CHRONICLE
The alleged 'sweetheart deal" involving the Agora market signed by City Mayor Dan Lim and a private business consortium simply refuses to die down.
Last Friday, Regional Trial Court Branch1 Presiding Judge Patsita Sarmiento-Gamutan issued an Order directing that the proceedings of the Agora case be continued to July 16 as well as the rest of the tentative settings set in open court during the hearing last March 19, 2010.
Likewise, it also brushed aside the defendants' argument that the complaint should be dismissed by reason of plaintiff Victor De la Serna's failure to indicate his MCLE compliance.
"It is untenable," the court said.
"Although lawyers by profession, plaintiffs did not sign the complaint as counsels but as parties who seek to enforce their rights as ordinary citizens. As such, the complaint is considered sufficient in form even if no MCLE compliance is indicated," the court concluded.
The dates for continued hearings are set on June 30, August 13 and 27, September 3, 10 and 24 and October 8, 2010, all at 9:00 o'clock in the morning.
SWEETHEAR DEAL
Plaintiffs Victor De la Serna, Alexander Lim and Zotico Ochavillo, all lawyers, alleged that city hall officials are benefiting in this grossly disadvantageous, anomalous Agora "sweetheart deal".
On the first day after the Agora case was filed in court, Mayor Dan Lim declared in his several government-paid radio programs that this case cannot even take "first base".
The city mayor however was proven wrong. After five judges inhibited from hearing the case, the Supreme Court Regional Administrator designated Judge Gamutan to handle it.
From then on, the wheels of justice went grinding, shattering the myth created by the city mayor of his claimed invincibility from legal actions.
Complainant-lawyer Victor De La Serna had already took the witness stand as the hearing continued for the petition for Issuance of a Writ of Preliminary Injunction on the case that questioned the alleged "sweetheart deal" entered into by the city mayor with an alleged favored private consortium.
The plaintiffs want also the declaration of the ROT contract as null and void for being grossly disadvantageous to the city government.
As basis, petitioners had presented the contract of the Torralba market owners (Torralba and Sons Realty, Inc.) and developer Juan Apostol (Aldea Photo) that rented P120 per sq. meter for a period of 20 years under the same build-operate-transfer scheme involving a lot along the same busy strip of CPG Avenue, in this city.
In the City Square contract, involving the old Agora market located less than 50 meters away from the Torralba property, the city government gets P30 only per sq. meter rental for a period of 25 years.
On the other hand, the lease contract between the developers with the stall renters obtained by the petitioners showed it is being leased out at P600 per square meter, plus a mandatory 10 months rental to be paid in advance.
"From P30 per sq.m, the Agora lot is now being rented for P600 per sq. m. With an estimated 7,000 sq. m. total rentable area from the first floor to the third floor, the private consortium is estimated to rake a total income of P81 million a year, while only P5 million goes to the city government," petitioners said.
Petitioners estimated the total value of the Agora ROT project at P500 million; computed at P81 million on the first year, P44 million every year thereafter, for 25 years.
CITIZENS' RIGHTS
Earlier, a motion to dismiss was also filed by defendants Juan Apostol and the City Government represented by City Mayor Dan Lim arguing that plaintiffs Dela Serna, Lim and Ochavillo are not parties-in-interest of the Agora case because they do not appear to be injured or affected by the Rehabilitate-Operate-Transfer (ROT) contract entered by the city government with a private business consortium.
This was also denied by the court citing a long line of cases, wherein concerned citizens, taxpayers and legislators when specific requirements have been met, have been given standing by the Supreme Court.
"The issues raised are of paramount importance to the people of Tagbilaran City who stands to be injured if the allegations in the complaint are proven true and who stands to be benefited if the contract is nullified and the door opened to another contract which is no longer grossly disadvantageous to the people and taxpayers of the city," the Court declared.
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Topic: Agora case continues; Court schedules hearing (Read 1131 times)