SM vs Capitol hearing reset on March 14

THE court reset on March 14 the hearing of the case filed by SM Prime Holdings Inc. against Capitol in line with the July 7, 2011 bidding for purchase and lease of the 7.7 hectare property of the provincial government.

The hearing was supposed to have taken place Friday but SMPHI lawyer Joseph Albajera moved to reset the hearing for reasons that they have not yet received the resolution of the court for the Capitol's formal offer and SMPHI's comment after the presentation of the witnesses of the counsel for Capitol.

From the resolution of the court, SMPHI would need to evaluate if there is a need for its rebuttal.

Lawyer Mary Ann Lamis of the Provincial Legal Office confirmed Friday that she has already received the resolution of the court and that SMPHI is also expected to receive their copy soon.

Lamis said that the final resolution of the case would depend on SMPHI if they will still have a rebuttal.

Capitol has presented Provincial Assessor Merlota Caellan and Lucille Pines of the General Services Office as witnesses.

The SM versus Capitol case is with Branch 50 of the Regional Trial Court under Judge Estefanio Libutan.

SMPHI filed the case on their assertion that they won in the second bidding because they offered a higher bid for the lease and purchase of Capitol property.

However, the said bidding was declared a failure by the Provincial Bids and Disposal of Government Properties.

Ayala Land Inc, won in the third bidding, as SMPHI has not participated at all.

However the approval of the Commission on Audit Central Office of the contract for the award of the said properties between the Provincial Government and ALI took long, that's why ALI decided to deprioritize the said project. They intended to pour in more than P6 billion worth of projects for the said Capitol properties.