BACOLOD City Vice Mayor El Cid Familiaran and six councilors issued a joint statement in response to the “total sellout” claim of Abang Lingkod partylist Representative Joseph Stephen Paduano on the City Council’s approval to extend the Comprehensive Revised Reclamation Agreement (CRRA) for another 25 years.
The CRRA governs the use of the Bacolod Real Estate Development Corporation (Bredco) of the city-owned port at the Reclamation Area.
Familiaran issued the statement with Councilors Caesar Distrito, Dindo Ramos, Em Ang, Cindy Rojas, Elmer Sy and Bartome Orola.
Paduano had earlier questioned why the majority members of the City Council appeared to be in a hurry to grant Bredco such privilege, with annual port fees of P6 million, when the CRRA contract will expire on 2020 yet.
Familiaran said the City Council voted in bipartisan votes, adding that the councilors crossed partylines taking into consideration the city’s interest and what is fair and just.
Aside from the six Grupo Progreso councilors, three opposition councilors, Anne Marie Palermo, Sonya Verdeflor and Wilson Gamboa Jr., as well as Noli Villarosa of the Association of Barangay Captains also voted in favor of the Bredco contract extension.
“Thinkers are doers,” Distrito said, referring to Paduano. “The law provides that obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. The parties are free to establish stipulations, causes, terms and conditions as they may deem convenient, provided, they are not contrary to law, morals, good customs, public order, or public policy.”
“Again, I would like to reiterate that the 1995 CRRA, the contract entered into by and between Bredco and the City has already been found by the judicial courts to be binding and valid. The takeover ordinance could no longer be used as a basis of the approval of the memorandum of agreement, considering the court has already declared it illegal.”
Ramos also said the law specifically asks the City Government not only to simply comply with its obligation to Bredco, but to comply with good faith.
“If we will open the port to a public bidding and only think about how much money the City of Bacolod will gain, we will not only dishonor our obligation to Bredco and act in bad faith but also, we will be in violation of the very decision of the Honorable Court,” he added.
Ang said: “I would like to emphasize that we gathered a group of competent individuals who make up the Technical Working Group.
They are tasked to give the council an in-depth study regarding Bredco’s renewal. Originally, they proposed an annual compensation of P5.2 million. Thus, the amount of P6 million, as agreed upon both by Bredco and the council, is still advantageous to the City. This is already an 800 percent increase from the previous compensation that the city receives.”
Rojas said the reason why the City Government got only P800,000 annually before was because of the impasse between the two parties.
“But because of this situation, the city got the back income of P8 million, we now have fixed P6 million per year, and assured of the future increase of 25 percent,” she added.
Orola said it is misleading that businessman Vladimir Gonzales supposedly offered P20 million annually to operate the city port as there was nothing in his letter that mentioned such amount.
Ang added that even if Gonzales is sincere in his intent to operate the port, “is he willing to reimburse Bredco of the cost of development that have been put in place for the last 23 years?”
“Will he assure us that he will pay for the cost of suit if Bredco brings us to court for violation of the CRRA?” she further asked.
Sy said that Paduano should show any law that prohibits or requires the exact period to renew a contract.
“If there is a law, then we will not ratify it,” he said.