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Opposition lawyer quits market fight
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Friday, June 29, 2007
Opposition lawyer quits market fight
By Danilo V. Adorador III

BACKING out from earlier stance, a disheartened lawyer Manolo Tagarda Thursday said he would no longer dip his finger on the controversial Agora market and terminal redevelopment project and leave this to other critics.

Tagarda, an opposition figure who briefly served as mayor in 1998, represents the former Cogon vendors who questioned before the courts the market's multi-million redevelopment two years ago.

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He earlier said he was considering legal aid for stallholders in Agora as well, where another multi-million redevelopment deal is about to be signed by the City Government and a private developer.

But Tagarda, who lost his vice mayoral bid in the last elections to outgoing Mayor Vicente Emano, said he will distance himself from the allegedly onerous project "because it seems to me that the people have given their imprimatur on this deal."

When Emano won the vice mayorship against him and ex-councilor Alvin Calingin, Tagarda said he took it "as if they (the public) believe in this administration and all the shenanigans it is doing."

The lawyer added: "The people deserve the leaders they elect. Out of respect to Emano, I will not question this project, even though I believe that this is yet another burden our officials are making us shoulder."

Another administration critic, however, is up for the job.

Rogelio Bagabuyo, an opposition lawyer, said he will challenge in court the P255 million BOT deal governing Agora's redevelopment, saying it reeks of anomalies.

Bagabuyo pointed out that under the project's draft contract, the private contractor is given much time and latitude to control the market and terminal facilities.

The 28-year concession period, in which the private developer is given absolute control of the facilities--except of the wet market section--smacks of "lavish pampering" for the contractor, while putting stallholders in uncertainties because the fees can go up without the city's approval.

Bagabuyo said he found other "legal anomalies" in the draft contract, which he said he will present in court when the final contract is signed.

Pro-administration Councilor Reynaldo Advincula, who heads the task force for Agora Build, Operate, and Transfer (BOT) project, assured critics that the City Council would scrutinize the contract before its final approval.

Advincula said they will ensure that all provisions of the contract conform with the national BOT law.

The councilor added that any citizen who finds the contract "onerous" can always go to courts for proper remedy.

For his part, Tagarda said he will still pursue the nullification case against the BOT contract governing Cogon market's reconstruction two years ago.

Alleging that the contract contained provisions that injured their interests--and that of the city as a whole--by giving undue favor to the private contractor, the vendors also filed graft charges against Emano and the councilors responsible for approving the project before the Ombudsman.

For more Philippine news, visit Sun.Star Davao.

(June 29, 2007 issue)
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