Nalzaro: Is the JVA legal?

DUE to a deadline constraint, I was not able to monitor if Regional Trial Court (RTC) Judge Generosa Labra issued a temporary restraining order (TRO) on the scheduled signing of the joint venture agreement (JVA) between the Cebu City Government represented by the “former political has-been” and representatives of Universal Hotels and Resorts Inc. (UHRI) for the P18-billion development of Kawit Island in the South Road Properties (SRP).

The scheduled signing was supposed to be held in Crowne Plaza Galleria in Manila at 5 p.m. yesterday.

The TRO application was filed by Busay Barangay Councilor Amilo Lopez, who questioned the legality and validity of the signing for lack of authority by the City Council on the part of the “former political has-been.” Lopez, a known ally of the opposition, also questioned the technical and financial capabilities of UHRI, which is owned by John Gokongwei, to undertake the project.

Barug PDP-Laban members in the council warned of possible legal ramifications should the “former political has-been” proceed with the signing. They threatened to file charges against him and the other parties for lack of authority from the council. They claimed the resolution passed by the members of the Bando Osmeña Pundok Kauswagan (BOPK) during their Aug. 7 session that authorized the “former political has-been” to sign the JVA was invalid and illegal.

The opposition claimed that based on records, that particular session had been officially adjourned. However, BOPK stalwarts continued the session, thus voting for the resolution. The result was 7-0 for the signing as the opposition already left the session hall. The opposition said that it was illegal. The BOPK and the “former political has-been” insist it was valid and legal.

Even the opposition whose members are composed of lawyers, including the vice mayor, cannot legally interpret the legality of that session. Theirs are only opinions that suit and jive with their political agenda. The same with members of the BOPK, who are blinded by the whims and caprices of their political master. An interpretation from the Department of Interior and Local Government (DILG) or the court can shed light on the validity and legality of that particular session.

But before the opposition or their cohorts or any taxpayer for that matter go to court asking to nullify the JVA, assuming it was signed yesterday, the petitioner should present evidence that the session was deemed illegal. Because what if the DILG or the court favors BOPK’s stand? Masupalpal sila kung mosustiner ang DILG ug ang korte sa legalidad sa maong resolution.

Setting aside politics, I can understand why the opposition is bent on opposing the deal. There are provisions in the JVA that are highly disadvantageous to the interest of the City Government like the sharing scheme. Why a JVA when the City can just dispose of that area to whoever is interested in developing it? The City has already entered into a joint venture with Filinvest and look at its status now. The area hasn’t been fully developed.

What I cannot understand is the intention of the “former political has-been” and why he’s very passionate about the project that he wants to speed up the process.

Imagine, in less than a week after the passage of that “highly questionable” resolution he wants to sign the agreement. Why in a hurry? I’ll just quote the suspicion of opposition councilor Jun Alcover, is this for fund-raising purposes in next year’s elections? Just asking.

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