Court denies AMB-ALC’s motion to dismiss case
ANNULMENT OF MC ADORE SALE
THE Regional Trial Court (RTC) rebuffed AMB ALC Holdings and Management Corporation when it denied its prayer for the dismissal of a civil case for the annulment of sale and reconveyance and damages filed against it.
The civil case filed by Leo Angeles, a taxpayer and a resident of Dagupan, against 11 others including former Mayor Benjamin Lim, Mayor Belen Fernandez and the Dagupan City government, was in connection with the controversial sale of MC Adore by Lim to AMB ALC for P119 million only.
A resolution issued by RTC Judge A. Florentino Dumlao Jr. of Branch 42 in Dagupan City on October 22, 2014 stated in part, ” x x x the Court finds that there is paramount public interest in the final and definitive resolution of the issue regarding the validity of the sale of the MC Adore Properties, was whether or not such transaction is disadvantageous to the City of Dagupan.”
“An allegation as serious as a violation of a legal duty, together with the vital public interest in the resolution of all related issues, prompts this Court to provide definitive ruling thereon.”
In denying AMB-ALC’s motion to dismiss, Judge Dumlao directed the defendant company to file instead its reply to the complaint within 15 days after receipt of the resolution.
The other defendants are Councilors Jesus Canto and Alvin Coquia, City Treasurer Romelita Alcantara, former Budget Officer Virgil Tangco, City Accountant Teresita Manaois, Eduardo Magno, Ricardo Victoria and Lelia Chua Sy.
AMB ALC filed the motion to dismiss the case on September 12, 2014 alleging that the complaint filed by Angeles stated no cause of action as the plaintiff ” is not a real party in interest and has no legal capacity nor locus standi to bring the present suit.
In its motion, AMB ALC posits that the plaintiff must be one of the contracting parties in the Deed of Sale that is the subject of the instant case to be considered a real party-in-interest and also alleged that the status of the plaintiff Angeles will not cure his lack of standing. It further charged that Angeles is neither a taxpayer nor a voter of Dagupan.
For his part, Angeles opposed the dismissal of the case and argued among others that “the Deed of Sale is a public contract that is of public concern and imbued with public interest which gives him a direct interest in its annulment.
Moreover, he said that laws on the award of public contracts through public bidding are matters of public policy and violations of these laws affect the interests of the public in general and not the private parties.
As to the contention of the defendant corporation that he (Angeles) is neither a taxpayer nor a voter in Dagupan, he insisted that he has met the requirements of a taxpayer which gives him legal standing to institute the case.
Judge Dumlao further stated, “While this court remains unconvinced of plaintiff Angeles’ standing as a taxpayer to bring the instant suit because disbursement of public funds is not included in this case, this Court recognizes his standing as a concerned citizen and resident of Dagupan City to cause the annulment of the sale of the MC Adore Properties.”
In his resolution, Judge Dumlao wrote that the right of the plaintiff as a concerned citizen who simply wishes that the City Government of Dagupan properly observe and abide the law on public bidding in disposing the MC Adore properties, “is well established”.
He stated that as correctly pointed out by the plaintiff in its Opposition to the Motion to Dismiss, a party or person who wishes to ensure that the law is upheld “cannot be denied standing.” (LVM)
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