By ERWIN ‘AMBO’ DELILAN
FOR SURE, the late Negros Occidental governor Alfredo Marañon Jr., popularly known by his moniker “02”, must be smiling from heaven right now.
The Petition for Certiorari filed by SM Prime Holdings, Inc. (SMPHI) against Capitol’s move to declare failure of bidding re: controversial Capitol lot property where the Ayala developments are sprawling right now has been finally dismissed by the High Tribunal.
“Sweetest victory”, indeed, for the man who was misinterpreted when the provincial government made a deal with Ayala Land, Inc. (ALI) for the province’s prime properties surrounding the capitol building and lagoon in 2011.
The case was simply rooted on the very premise: Failure of bidding as declared by Capitol’s Committee on Awards and Disposal (CAD) for its real properties via Resolution No. 11-001.
Twelve years after, no less than the Supreme Court (SC) declared that such a “failure” was OK, dismissing with finality SMHPI’s Petition for Certiorari.
Crying ‘Unfair’
This legal dispute stemmed when the late governor offered Capitol’s properties of more than seven hectares divided into 39 lot titles for sale and lease in 2011.
That time, Capitol’s prime lots were valued at P19,500 per square meter.
Only ALI and SMPHI were the interested bidders.
During the bidding on July 7, 2011, both reportedly failed to meet the expected bid price.
Thus, Capitol’s CAD, headed by “02”, declared a failure of bidding, and set the date of July 15, 2011 for the rebidding.
Two days before the rebidding (July 13, 2011), SMPHI filed a Petition for Certiorari with prayer for a Temporary Restraining Order (TRO) before the Bacolod Regional Trial Court (RTC) Branch 50.
SMPHI cried “unfair” over that declaration of failure of bidding.
The following day, July 14, 2011, the court denied SMPHI’s request for a TRO.
On January 23, 2014 the Bacolod RTC Branch 50 finally junked SMPHI’s Petition for Certiorari, citing that CAD never erred in declaring a failure of bidding.
SMPHI went to the Court of Appeals in Cebu City for a Motion for Reconsideration (MR).
Still, the Appellate Court dismissed SMPHI’s appeal, stressing that Bacolod RTC Branch 50 was right in its decision.
Thus, the rebidding went on, and ALI as the sole re-bidder won. The construction of an Ayala mall, a hotel and condo buildings followed through.
Forum Shopping
Still, feeling aggrieved, even at the height of Ayala’s construction galore, SMPHI went again to a local court in Bacolod, this time, at RTC Branch 48.
It asked the court to nullify the Deed of Conditional Sale and Contract of Lease between the provincial government of NegOcc and Ayala.
These involved the sale of 3.6587 hectares of lot property at the back of capitol building at a price of P750 million, and lease agreement for another 4.0481 hectares within the peripheries of capitol at P2,955,133/monthly lease payment subject to an increase of 10 per cent every five years.
RTC Branch 48 found no merit on SMPH’s case against CAD’s Resolution No. 11-001 docketed as Civil Case No. 14-14323.
The court billed such as a case of forum shopping.
Not contented with RTC Branch 48’s decision, SMPHI, again, ran to the Court of Appeals in Cebu City for an MR, but still, it was junked on April 10, 2014.
Left with no choice, it elevated its Petition for Certiorari before the SC.
Finally, on February 27, 2023 the SC’s Second Division affirmed all the decisions rendered by Bacolod RTC Branches 48 and 50, and the Court of Appeals on SMHI’s petitions and appeals re: land dispute over NegOcc’s capitol’s land properties.
The SC’s 12-page decision signed by Second Division Clerk of Court Teresita Aquino-Tuazon, however, was only released for public consumption on October 27, 2023.
Capitol only got a copy of the SC’s decision on December 6, 2023.
‘Fail To Fail’
Well, it is said that victory really belongs to those who believe in it. Gov. Marañon, ever since, was adherent to this belief. He stood his ground armed with truth that what he did was just within the legal orb. He fought a giant yet he never allowed himself to be dwarfed.
Thus, even in his grave now, Gov. Marañon really has reason to rejoice; he won a battle he fought even beyond his death on October 1, 2020.
Like what French emperor and military commander Napoleon Bonaparte had stressed: “Victory belongs to the most persevering.”
My/our respect to the old man!/PN
