Fund use of MC Adore sale risky, say
STILL UNSETTLED ISSUE
“AT their own risk”.
This was the reply of lawyer Borromeo Bustamante when asked what could possibly happen if the majority members of the Sangguniang Panlungsod (SP) push through with their plan to approve a P47 million supplemental budget, of which at least P39.8 million will be sourced from the P119 million proceeds of the sale of MC Adore.
Bustamante, lawyer of SP Secretary Ryan Ravanzo who filed a special civil case over the passage of a resolution authorizing the sale of MC Adore, motion to nullify sale and petition for a contempt charge against Mayor Benjamin Lim et al. , said all are still pending before the sala of Regional Trial Court Judge Samadan.
Acting City Legal Officer Roy Laforteza, during a hearing conducted by the committee on finance last week, admitted that the special civil cases are still pending.
However, Laforteza opined that there was no injunction issued by the court to restrain the city government from selling the property, which means, he said, the proceeds of the sale cannot also not enjoined.
“So the city government is very free to disburse, appropriate the said amount based on the needs of the city,” Laforteza said.
Samadan, the newly appointed Regional Trial Court judge of Branch 40, took over from RTC Judge Emma Torio of Branch 41 who served as acting judge of Branch 40.
Stressing that the special civil case is still pending, Bustamante said it is understandable why Torio did not rule on the case in deference to the new RTC judge whom she knew was coming.
A resolution of the case was further delayed as Samadan still underwent some training before assuming his post.
Bustamante said he already filed two motions last March 8, one asking the new judge to finally resolve the case and another to nullify the sale of MC Adore.
He also filed an earlier motion seeking to cite in contempt Mayor Benjamin Lim and the members of the city disposal committee he created and of which he named himself as chairman for proceeding with the sale of MC Adore.
MC Adore was sold at P119 million, computed at P16,000 per square meter whereas in 2005,records show that Lim sold his property some 400 meters away at P35,000 per square meter.
Lim’s disposal committee set the minimum bid at P100 M only.
Bustamante said if the court sustains the earlier opinion of the Department of Interior and Local Government that the resolution enacted by the SP on April 5, 2012 is illegal, the city officials will be charged criminally before the Ombudsman.
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