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BY MAE SINGUAY
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Friday, December 23, 2016
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BACOLOD City – The city government might lose its sanitary landfill.
Dynasty Agricultural Corp., owner of the lot where the landfill is situated, wants to have the property in Barangay Felisa back.
But at the same time, Dynasty president Teodoro Lopez III offered to “renegotiate” its contract to sell with city hall.
Writing Mayor Evelio Leonardia on Nov. 28, 2016, Lopez said Regional Trial Court Branch 45 Judge Raymond Joseph Javier ruled that their Deed of Conditional Sale became “ineffective” and “without force and effect.”
Dynasty and city hall under the previous term of Leonardia executed a Deed of Conditional Sale for the adjoining parcels of land, a total of 277,947 square meters, for P23.8 million.
But the local government had not yet fully paid for the property, giving the company only P20 million in down payment.
The succeeding administration of Monico Puentevella refused to pay the balance, citing a notice of disallowance the Commission on Audit issued in light of the allegation that the lot was “overpriced.”
This prompted Dynasty to lodge the case in court.
“Under the contract to sell, the seller retains title to the thing to be sold until the purchaser fully pays the agreed price,” read part of the court decision.
“The full payment is a positive suspensive condition, the non-fulfillment of which is not a breach of contract but merely an event that prevents the seller from conveying the title to the purchaser,” it read. “The nonpayment of the purchase price renders the contract to sell ineffective and without force and effect.”
Lopez said the Feb. 22, 2016 decision was “final and executory.”
“Plaintiff may nevertheless cancel the Deed of the Conditional Sale, its obligation not having arisen,” the court said.
The cancellation of the Deed of Conditional Sale would most possibly cause the city government to lose the sanitary landfill, a requirement among local government units under the Ecological Solid Waste Management Act.
But Lopez said they “prefer an amicable solution…without the coercive force of the courts.”
“As such, we are extending an invitation to renegotiate the contract,” which they believe is most beneficial to Bacolodnons, he said./PN
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