LAWYERS of Representative Aurelio Gonzales Jr. had asked councilors to defer the ratification of the agreement between the Premier Central Inc. (PCI) and the City Government of San Fernando on the 5,000-square-meter land area donation of the Paskuhan Village.
Counsels Edward Magat and Vince Calara cautioned the city councilors that the agreement would greatly disadvantage the people of San Fernando, as the city will only get 5, 000 square meters instead of the full 9.3 hectares of the said estate that is now the subject of a legal battle.
This was during Monday's hearing of the Committee on Good Government and Public Accountability chaired by Councilor Nelson Lingat where city lawyers defended the deal, which is set to be ratified soon by the City Council.
City Administrator Atlee Viray said there is no legal impediment for the approval of the said deal.
According to Viray, the development can be considered a win for Fernandinos and a singular achievement for the current administration of Mayor Edwin Santiago as it provided a more prompt and reasonable solution to the city government's concern of preserving the tourism landmark.
He added that it may take several lifetimes for the issue on the sale to be resolved and the 5,000-square-meter donation is already a better compromise than nothing.
But Calara, co-counsel for Gonzales, said the City Council should exercise judicial courtesy for the issue.
Calara noted that there are also questions hovering over the compromise agreement between the city and PCI.
Magat also pointed out that part of the agreement would require the city to give certain tax and business benefits to PCI and its affiliates.
It could be remembered that Solicitor General Jose Calida said the sale of the property to the PCI, a subsidiary of SM Prime Holdings Corporation, by the Tourism Infrastructure and Enterprise Zone Authority (Tieza) "is void pursuant to Section 54 of Republic Act 9593."
Paskuhan was sold for P939,656,848 or close to P1 billion. A deed of absolute sale covering the properties was executed between Tieza and PCI. It could be recalled that Gonzales filed an Urgent Motion for Leave to Intervene.
The said motion was set for hearing on January 20, 2020 which was not held by the court, according to Gonzales' camp.
The Deputy Speaker's lawyers were given a copy of a Judgment (Compromise Agreement) dated January 15, 2020, which approved a Joint Motion to Approve Compromise Agreement with Attached Compromise Agreement jointly filed by the OSG, City of San Fernando, Tieza, and PCI on January 10, 2020. The joint motion was set for hearing on January 20, at 9:30 a.m.
The Deputy Speaker filed an Omnibus Motion for (1) Leave of Court to Intervene and (2) Reconsideration of Judgment (Compromise Agreement) dated January 15, 2020) on January 31, 2020. The Omnibus Motion was not acted upon as the court did not even hold a hearing on February 7, 2020, despite the Omnibus Motion being set for hearing in the court's Calendar of Hearing.
The Deputy Speaker filed an Urgent Motion to Set the Omnibus Motion dated January 31, 2020 for Hearing on February 21, 2020. The previous motions were not heard and acted upon by the court, and the hearing was reset to March 7, 2020.
On March 7, 2020, the Deputy Speaker's counsel was informed of cancellation of hearing and handed a copy of a Certificate of Finality dated February 7, 2020, with the court certifying that the Judgment has become final and executory on January 15, 2020.
On June 25, 2020, as the quarantine was somehow eased in Metro Manila, the Deputy Speaker filed with the Court of Appeals a Petition for Certiorari (with Urgent Motion for Leave to Intervene and Prayer for the Issuance of a Status Quo Ante Order, Temporary Restraining Order and/or Writ of Preliminary Injunction).
Impleaded as respondents in the Petition are the RTC Branch 42 of San Fernando, Pampanga as represented by its Presiding Judge, the OSG, the City of San Fernando, Tieza, and PCI.