By Danny B. Dangcalan (The Philippine
Star) | Updated September 7, 2013 - 12:00am
BACOLOD CITY , Philippines --The Commission on Audit (COA) has “approved with finality” its decision to
approve the deed of conditional sale (DCS) and contract of lease (COL) between
the provincial government of Negros Occidental and Ayala Land Inc. (ALI)
covering the sale and lease of a 7.7-hectare property in Bacolod.
The five-page decision dated Aug. 14,
2013 was signed by COA chairperson Ma. Gracia Pulido-Tan and Commissioners
Heidei Mendoza and Rowena Guanzon. It was an affirmation of an original
decision dated Sept. 21, 2012 which was contested by SM Prime Holdings (SMPHI).
The COA decision was the subject of
SMPHI’s motion for reconsideration (MR), which the firm filed on Nov. 13, 2012.
In an official statement, SMPHI said:
“SM Prime Holding Inc. (SMPHI) has an existing petition for certiorari, which
raises legal issues regarding the bidding for the Capitol property. It is still
pending with the Bacolod RTC.
“The case arises from the time SM
submitted the more superior bid. However, the Province declared the bidding a
“failure.”
“SMPHI is questioning the declaration
by the provincial government of the failure of the public bidding and is hoping
for a speedy determination of the legal issues plaguing the auction of the
properties.”
Business ( Article MRec ), pagematch:
1, sectionmatch: 1
On the other hand, the provincial
government maintained that: (1) The SMPHI’s MR was filed beyond the 30-day
reglamentary period enunciated under Section 3, Rule 64 of the Rules of Court;
and (2) COA has the primary, original and exclusive jurisdiction to adjudicate
on the issues contained in the request of the provincial government and thus,
prayed that the MR be dismissed for lack of merit.
In its decision, COA said that “ SMPHI
failed to present valid and categorical arguments sufficient to overturn the
findings of the Commission.”
This clearly belies the contention of
SMPHI that COA went beyond its power in adjudicating on issues pending before
the courts, the resolution read.
The SC rulings clearly supports the
action taken by the Commission, and SMPHI failed to present valid and
categorical arguments sufficient to overturn the findings of the COA, the
resolution added.
Based on the contracts approved by the
COA in September last year, the deed of sale allows ALI to purchase 3.6587
hectares worth P750 million and lease of 4.0481 hectares at P2.95 million a
month.
In its proposal, ALI plan’ to develop
the whole 7.7-hectare property into a Capitol Civic Center, with an investment
of P6.2 billion, and is envisioned to be an integrated mixed-use civic and
commercial district, with retail, office, residential and hotel components.
The center is envisioned to be the
growth center of Negros Occidental.
Negros Occidental Gov. Alfredo Maranon
Jr. said demolition of three provincial capitol buildings sitting on the
4.0481-hectare property is set this month to prepare the property for the ALI
lease.
____________________________________________________________
