Public jeepneys are parked outside the city hall-owned market in Agora, Lapasan. The market, developed into a mall-like establishment by the See family under a build-operate-transfer scheme, and its adjacent terminal, are subjects of an over a decade-old case sent back to a regional court by the Supreme Court for decision. Councilor Teodulfo Lao Jr. however insists that the SC decision already voided the contract, an assertion that lawyers dismissed. (photo by Nitz Arancon)
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By NITZ ARANCON
and LITO RULONA
Correspondents .

COUNCILOR Teodulfo Lao Jr. yesterday maintained that the Supreme Court has already nullified city hall’s controversial contract with Mega Integrated Agro-Livestock Farm Corp. even as he asserted that the ruling meant that the local government should move to take over the management of the market and terminal in Lapasan based on it.

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But Lao is a voice in the wilderness in that even his political allies agreed with Mega Farm spokesperson Antonio Soriano that the SC decision did not really void the controversial contract signed years ago by the then mayor Constantino Jaraula and Mega Farm president Erwin Bryan See.

“It’s premature to say that kay ang decision sa Korte Suprema only means that the case will be remanded to the Regional Trial Court. It was not a decision on the merit,” said Mayor Oscar Moreno.

Councilor Ian Mark Nacaya shared Moreno’s position. He said, “There is no winner yet.”

He said this after he was tasked by Vice Mayor Raineir Joaquin Uy to look into the SC decision following Lao’s claims that the high court already nullified the contract.

Nacaya said, “When it is remanded, it means the case is returned to the court of origin.”

He also cautioned that it would be sub judice for any city council committee to conduct an inquiry based on the SC ruling until the regional court could act on the case.

Councilor George Goking said the case is now back to the jurisdiction of the Regional Trial Court here.

“Kung wala’y kapakyasan sa ilang function ang Mega Integrated Agro-Livestock Farm Corp. sa contract approved, then wala kini’y problema,” he said.

Lao has maintained that he fully understood the SC decision, adding that it was Soriano, a lawyer and a former vice mayor of the city, who made a mistake in interpreting the 20-page ruling.

Lao said Soriano was merely defending the See family. “Ingon ana man gud nang abogado, ila  man  gyud nga i-depensa ang ilang kliyente,” he said.

Soriano however said that he was merely serving as a spokesman and is not lawyering for the Sees.

Lao asserted that Soriano was wrong to state that the SC decision meant that the case is “back to square one” at the 17th branch of the Regional Trial Court under Judge Flor Abbu.

“Kanang iyang gi-ingon nga back to square one, sayop kana kay ang bo-ot pasabot ana nga mag-hearing si Judge Abbu sa among petition nga magsugod sa sinogdanan. Dili na ma-o kay human na man kami nag-hearing, ma-o man gani nga nag-apilar na kami sa Supreme Court kay human na ang among hearing sa lower court,” Lao said.

He said he and other petitioners already presented their evidence and argument on why the city hall’s contract  with Mega Farm should be nullified.

The pieces of evidence, he said, presented in court showed that the contract was signed by Jaraula without authority from the city council.

“Invalid man tong kontrata nga ilang gipirmahan ni Mayor Jaraula ug Mega Farm kay wala may approval sa city council. Mao tong among gipa-nullify sa korte,” matud ni Lao.

Lao also insisted that the SC ruling meant that it was sent back to the regional court so it could determine how much the See family spent for the development of the market and terminal in Lapasan. “Ingon ana ra ang buhaton nga processing sa korte, ilang i-determine kon pilay nagasto sa pamilya See sa ilang pag-develop sa  Agora ug bus terminal, dili kay mag-hearing pa sa merit of the case. Wala na kana, human na kana nga punto,” he said.

After the See family’s investment has been determined by the regional court, Lao said, city hall can then take the facilities back after a payment has been made to the See family.

“So magpa-abot na lamang  kami kanus-a si Judge Abbu magpatawag sa hearing on the determination sa nagasto sa pamilya See aron sugdan ang proceeding,” Lao said.

Mayor Moreno opted to keep mum over Lao’s assertions, saying he has yet to read the 20-page SC decision.

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