Ordinance vs. resolution
Leonardo J. Galvez
California, USA
30 May 2013
OF all the reported anomalies committed by the outgoing Dagupan City administration, the Awai deal and the MC Adore Hotel purchase top my list.
Now that the court has voided the MC Adore Hotel sale to a Metro Manila-based corporation, the city has the upper hand in reclaiming the coveted property. A mere city council resolution is, indeed, not enough to legalize the sale but a duly approved ordinance. That the controversial resolution was passed in the absence of Vice-Mayor Belen Fernandez — the council presiding officer — is a brazen attempt to circumvent the law. A protracted legal battle is in the offing.
If the outgoing city councilmen can do things their way, who could stop them from selling the city plaza — as there is no torrens title legally conveying the plaza to the city government, the Pantal River, the Tondalingan Park and other strategically located properties?
The councilors who worked and approved that questionable resolution must have sought the advice of consultants to fasttrack the sale which by an indication was aimed at satisfying the incumbent mayor’s request to show that change is what Dagupeños want. They got it.
In another questionable transaction, the incoming city administration holds the ace in the controversial Awai deal. The city became poorer by P16-million. By all means, it has to get that lost city fortune from that broker who by all indications made a fool of the city without prejudice to filing appropriate charges against those involved.
If it could be shown that the broker failed to “investigate” whether the lot was free of any encumbrances, he will be in very hot water. If he knew that there were but opted not to reveal them, it’d be a double whammy. He can’t invoke ‘good faith’ as a defense. He’s estopped from using it.
At this stage, prejudging the case is not our ‘forte’ but considering that the lot in question is under the Comprehensive Land Reform of the Department of Agrarian Reform, that broker should start soliciting financial aid from those who reportedly profited from that bonanza.
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