MORE NEWS, BAGUIO CITY

Court upholds validity of market development contract after 12 years
By Aileen P. Refuerzo

BAGUIO CITY –The Regional Trial Court here affirmed the validity of the city government’s contract with the Uniwide Sales Realty and Resources Corporation (Uniwide) for the development of the city market ending a gruelling court battle that put the market development pursuit at the backburner for 12 long years.

City officials led by Mayor Reinaldo Bautista Jr. and Vice Mayor Daniel Farinas welcomed the decision saying it is high time that the case be resolved so the city can push through with the much-needed rehabilitation and improvement of the trading center.

Farinas said with the legal impediment now out of the way, the city can now pursue the development venture with Uniwide but in case Uniwide retracts from the deal, Farinas said the city is ready to pursue other options which include undertaking the project on its own.

Uniwide won the bid for the project costing P1.7 billion in 1995 but negative reports on its financial status over the past years raised doubts on its capability to pursue the project.

“We do not have any official information on Uniwide’s financial standing but right now, the ball is now in Uniwide’s hands. If it declares it cannot undertake the project, then we will have to rebid it. Nonetheless the city is prepared to take over,” Farinas said.

In a 110-page decision penned by RTC Brand 59 Judge Iluminada Cabato, the court upheld the validity and constitutionality of Ordinance No. 38 series of 1995 which provides the guidelines for the market development, and the validity of the “award of the project development to Uniwide” as well as the amended Design, Build and Lease (DBL) agreement, the development scheme adopted for the project.

It also ordered the dismissal of the four cases filed separately in 1996 against city officials and Uniwide by the Hilltop Open Market Vendors Credit and Services Corp. for declaratory judgement, preliminary injuction and temporary restraining order; the group of Peter Sagayo, Pablito Gumnad et.al., the Baguio Market Vendors Association Inc.and the group of Lilia Calicdan, Manuel Dalida et. al., all for the annulment of Ordinance No. 38 series of 1995, the award of contract and the DBL Agreement, with prayer for the issuance of a Writ of Preliminary Injunction and Damages.

The court also ordered the dissolution of the writs of preliminary injunction issued initially by the court and the cancellation of the injunction bonds and denied the claims for damages by the parties. The vendors’ groups filed the cases assailing the validity of the ordinance and the contract claiming the city council acted “beyond the scope of their authority” in adopting the ordinance.

They said the ordinance and the DBL agreement were void as these included in the development coverage the slaughterhouse compound which is a national government reservation. They claimed that the 60-year lease term as provided in the development parameters of the ordinance is also contrary to the Local Government Code provisions.

They also alleged that the DBL agreement was violative of the Local Government Code and the Republic Act No. 6957 or the Build-Operate-Transfer (BOT) Law. The vendors also claimed they were not consulted on the project, that there were irregularities in the bidding procedures as the Uniwide did not submit the proper plan.

They said that the city government, in awarding the contract to Uniwide, “delegated to a private entity the power of eminent domain depriving them of their property or property rights without due process of the law.”

They claimed that they were the ones who built their stalls at their own expense and as such, they have gained property right over the city market that should protect them against the demolition of their stalls as inevitably would be done as part of the project’s implementation. The vendors’ claims were belied by the city government which was represented in the case by the city legal office now headed by city legal officer Melchor Carlos Rabanes.

They maintained that the passage of the subject ordinance and the forging of the DBL contract were within the powers and authority granted by the Local Government Code. They maintained that all the government actions relative to the market contract were in accordance with existing laws with the award of the project went through the usual and regular process.. – Aileen. P Refuerzo


Baguio execs to scrap NPC land swap option
By Aileen P. Refuerzo

BAGUIO CITY – The city government is poised to scrap the option of swapping lands with the National Power Corp. The city council last week voted to instead pay the NPC the cost of its lot now being used by the city government for its sewer treatment plant at North Sanitary Camp barangay.

The body last Monday adopted the recommendation of its committee on urban planning, lands and housing chaired by Councilor Isabelo Cosalan Jr. for the city to compensate the NPC with cash instead of a lot in view of the absence of an appropriate city property for said purpose.

The city and the NPC have been working out the land swap deal for almost 32 years now but the city cannot identify a suitable lot in exchange for the 6,332-square meter NPC property which the city occupied to build the sewer treatment plant in 1975. The city offered its property at Gibraltar barangay measuring 5,885 square meters for said purpose but it turned out to have claims problems as well.

“In view of the various unresolved issues surrounding the city lot at Gibraltar, the non-availability of any appropriate city property to be swapped, and the numerous requests from the barangays for city lot/public land for public purpose, the committee…recommends that the city government instead pay the for that NPC property,” the committee said.

The city council adopted the recommendation and referred the matter to the city appraisal committee to determine the cost of the lot. The body also decided to ask Mayor Reinaldo Bautista Jr. to create an ad hoc committee to negotiate with the NPC for the payment of said lot.

NPC president Cyril Del Callar wrote the mayor asking for the resolution of the land swapping deal in view of NPC’s urgent need of a lot. The city occupied the NPC lot at Sanitary Camp by virtue of Resolution No. 102 series of 1975. The land swap deal was recommended in 1994 by then city legal officer Juan Valdez. The city offered several lots but were rejected by the NPC as these were not suitable as site of the NPC regional office.


AIM survey outs Baguio from list of top RP cities
By Dexter A. See

BAGUIO CITY — Efforts of local officials to attract more investors to this mountain resort continues to run into setbacks with Baguio out from the list of “competitive” cities nationwide. Based on a 2007 survey conducted by the prestigious Asian Institute of Management, the city was not again included in the list of top performing local government units particularly mid-sized cities.

The cities which used to lag behind Baguio were among the top-performing cities in AIM’s latest survey. The top-performing cities in the list include the cities of Cabanatuan, General Santos, Lucena, Olongapo, San Pablo, Tagum and Tarlac.

The survey covered 90 cities, and it was related to "competitive drivers" such as dynamism of local economy, cost of doing business, infrastructure, human resources and training, responsiveness of the local government to business needs, and quality of life.

Over the past four years, Baguio dramatically slipped in competitiveness ranking because of the expensive cost of doing business and bureaucratic red tape encountered in various offices in securing documents to operate a business here.

At the same time, businessmen in the city blamed poor performance of the city on the city government’s lack of responsiveness to calls for efforts to improve and attract businesses, particularly in terms of benefits and privileges of investors who want to locate their businesses in the city.

Furthermore, poor accessibility, caused by the absence of a good airport, and low percentage of potential business investments were primary reasons behind the dismal competitive rating of the city. The city government cannot offer other business opportunities, aside from tourism due to its limited and expensive land area.

Earlier, the Philippine Chamber of Commerce and Industry removed Baguio from the list of cyber zones because of alleged lack of enough service providers which could serve as alternative communication facilities if the system bogs down.

However, some city officials and businessmen were confident that for this year, the city could redeem itself and get back to the list of top-performing cities nationwide with the passage of the city’s Investments and Incentives Code, improvement of infrastructure facilities and simplification of issuance of licenses.


Ambassador Kenney leads tribute to US Thomasites
By Mike Guimbatan Jr.

BAGUIO CITY -- US Ambassador Kristie A. Kenney led the groundbreaking ceremony for the Thomasites’ Park here morning of July 5 at the Baguio Teacher’s Camp in honor of some 150 American military teachers known as Thomasites who set camp in a pine covered grove here starting a tradition for annual teacher convergence.

Kenney cited the century old partnership in education between the Philippines and the United States. Baguio remains the only city in the country that still maintains its American cultural heritage manifested by American named streets, wooden structured houses, country music and the common use of the English language.

In the early 20th century, American soldiers set foot in Philippine soil followed by soldiers with government administration skills. The third batch was teacher-soldiers who rode in the US army transport vessel “Thomas” and “Galelic.”

The teacher-soldiers were then called Thomasites who were spread all over the Philippines to introduce the English language and American culture. It was at Teacher’s camp where the first national Teachers Vacation Assembly of Thomasites was held in April 6, 1908. Kenny and her party witnessed a re-enactment of the first Thomasite campers. They were also guided to the Baguio teacher’s Camp Museaum that housed Memorablia and photographs of the early Thomasites.

The US Ambassador donated three historic pictures of the Thomasites from the collection of the US Embassy. In return she received a commemorative car plate of the Baguio Teachers Camp Centennial.

Kenney celebrated the Filipino-American friendship day on a two-day official function by visiting the Philippine Military Academy established by early American soldiers, the University of the Cordilleras where a peace corps was assigned to teach computer science and the Saint Louis University where another American heritage museum was opened.

Kenney cited the contribution of the early American teachers to the Philippine’s first formal public education system. The park will be a symbol of Philippine and American friendship over the century through educational development.

The unveiling of the park design is part of a series of events commemorating the centennial of the Teachers’ Camp in Baguio City. The re-enactment reminded that exactly 100 years ago Thomasites set camp in a pine covered grove here starting a tradition for annual teacher convergence.

Succeeding American and Filipino teachers who come here for seminars, trainings, conferences or simple vacation transformed the area into what is now known as Baguio Teacher’s Camp. A year later in 1909, Baguio has become a chartered city designed for 25,000 residents. Since then Teacher’s Camp played host to several state functions with wooden cottages under towering pine trees.

Most of the cottages, and buildings were rustic and painted brown to hide its hundred years of battle with weather. Camp authorities under the care of the Department of Education rushed to allocate P100-million makeover project for the preservation and renovation works of the century-old Teachers Camp back to its old grandeur.

During the groundbreaking of the Thomasite memorial, Joselito Aceniero, President of the over 1,000 members of Thomasite descendants recalled how their ancestors taught English and other skills and forms of knowledge.

“They provided the foundation for public education, in arts and crafts, and shared to young men and women at the threshold of a new century,” he said.


Session Road ‘partially car-less’ on Sundays
By Julie G. Fianza

BAGUIO CITY – Session road, the city’s main road shall be partially car-less during Sundays starting July 13. Mayor Reinaldo Bautista, Jr., in Administrative Order 99, dated July 7 said the experimental scheme shall be implemented from Patria de Baguio down to Philippine National Bank and the opposite stretch from Philippine Long Distance Telephone Company and McDonald’s (corner Mabini St.).

Said to be the “pedestrianization” of Session road, the area will be the “promenade spot for church-goers, tourists, and locals to leisurely roam and stroll about,” on Sundays.

One objective is also the reduction, if not, zero pollution for the area. The experimental closure will also determine the feasibility of closing the entirety of Session road, “for the planned future development of said area,” the AO further states.

As the scheme is only temporary, it could be withdrawn or revised to adapt to the present traffic situation in the Central Business District, after the preliminary days of implementation. As known, Session road is closed during the annual Baguio Flower Festival to give way to sidewalk coffee shops, as patterned after several foreign cities. The road also is closed for the middle-of-the-road trade fair during the flowerfest.

The Traffic Management Branch of the Baguio City Police Office shall be on site starting this Sunday, to enforce the order, while the City Engineers Office shall provide appropriate signs and markers for vehicle owners, the riding public and promenaders, the AO read.


Civil service exams on July 27
BAGUIO CITY – The Civil Service Commission will be conducting the second career service professional and sub-professional written examinations on July 27. Qualified applicants will be notified of their places of examination through a notice of admission or examination permit, said Lorenzo Danipog, director of the CSC.

“If the notice or permit is not received one week before the examination date, the applicants must personally verify the place of examination from the CSC Regional Office Field Office where they filed their application or may visit the CSC website, www.csc.gov.ph., Danipog said.

The examinations will cover the following subject areas: Career service professional – In English and Filipino; vocabulary, grammar and correct usage, paragraph organization, reading comprehension, analogy logic and numerical reasoning. Career service subprofessional – In English and Filipino; vocabulary, grammar and correct usage, paragraph organization, reading comprehension, spelling, clerical operations, and numerical reasoning.

Both professional and subprofessional levels of the examinations will have general information on the following areas: Philippine constitution, code of conduct and ethical standards for public officials and employees (Republic Act 6713), peace and human rights issues and concepts and environment management and protection.

“To pass the test, the examinees should get a grade of at least 80 percent,” Danipog said. Meanwhile, the list of passers of the professional and sub-professional written examinations conducted last March 9 is now posted at the CSC website www.csc.gov.ph.

The career service professional and sub-professional examinations would result in the grant of either civil service professional eligibility or sub-professional eligibility needed for appointment to corresponding positions in the government. Eligibility is just one of the qualification standards for permanent appointment in the government. Apart from eligibility, a prospective appointee must meet the other QS on education, experience, and training.


Dads want info on Ayala dev’t plan in John Hay
BAGUIO CITY – The city council will invite representatives of the Camp John Hay Development Corporation and Ayala Land Inc. to its session on July 28 to appraise the body on the proposed development to be undertaken at the tourist facility.

“No further action in relation to the Ayala Land project should be undertaken by the said parties until the briefing shall have been conducted,” proponent Councilors Betty Lourdes Tabanda, Elaine Sembrano and Fred Bagbagen stressed in a resolution adopted by the body.

In their measure, the aldermen said there are reports that Ayala Land Inc. will undertake a mega project in John Hay which will include business outsourcing facilities and a retail center covering 12.06 hectares.

“The City of Baguio welcomes business investments in the city but it is a primordial concern that the interest of the city and its residents be protected,” the aldermen noted. The councilors said it is but proper that the city be adequately informed of the plans involving John Hay as the city’s welfare is at stake.

Besides, they said, Resolution No. 362 series of 1994 which imposed the 19 conditionalities in the John Hay development remains in effect and the same requires that the city should be consulted on all matters concerning the development of the former baseland.

Last Tuesday, the councilor committee on laws chaired by Councilor Richard Carino conducted a closed-door committee level meeting with representatives of CJHDevCo. Vice Mayor Daniel Farinas said the meeting was meant to brief the parties involved on the legislations pertaining to the issue.

He said succeeding discussions and presentations on the issue will be done publicly. City legal officer Melchor Carlos Rabanes who attended the meeting said the city representatives stressed on the city’s stand that the CJHDevCo should first settle its ballooning obligation to the city before allowing any further development inside the facility.

He said CJHDevCo and Ayala representatives promised to take up the city’s concerns with the higher-ups. Rabanes said the developer owes around P600million as of this year representing the city’s 25 percent share from the lease rental.

Farinas said CJHDevCo’s Gina Alvarez informed that the company paid their obligation to the Bases Conversion Development Authority (BCDA) and it is now up to the BCDA to remit to the city government its share. “If it’s true then the BCDA should pay the city immediately. There should be transparency in all of these,” Farinas said. – Aileen P. Refuerzo


Baguio mayor bans motorcades; cops ordered: Don’t issue permits
By Ramon Dacawi

BAGUIO CITY -- Except for the triumphant homecoming of world boxing champion Manny Pacquiao, this is no season for motorcades in the struggling Third World – at least here in Baguio. “Well, Manny should rather walk to keep fit,” Baguio mayor Reinaldo Bautista Jr. said Wednesday, just after he ordered a ban on convoys of wailing and head-light flashing vehicles up here in the country’s summer capital.

Taking cue from a provision of the Civil Code against extravagance during a period of “acute public want or emergency,” Bautista suspended the issuance of permits for motorcades along Baguio’s roller-coaster roads. In an administrative order, Bautista directed the Baguio police to deny outright applications for motorcades in the face of the rising costs of petroleum products and basic commodities such as rice.

He cited Article 25 of the Civil Code (Republic Act 386) that bars “thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency”.

With the escalating costs of basic consumer items, the mayor said, there exists “acute public want”, thereby “making expenses for promotion of business and/or special activities through the holding of motorcades fall in the category of ‘thoughtless extravagance in expenses for pleasure’”.

The mayor’s order came a day after representatives of various government offices aboard about 20 vehicles with their flashers and sirens on in a sweep around the city’s central business to launch activities marking the 22nd founding of the Cordillera Administrative Region.

The CAR, composed of Baguio and the provinces of Abra, Apayao, Benguet, Ifugao, Kalinga and Mt. Province was established on July 15, 1986 through Administrative Order 220 signed by then President Corazon Aquino. Two days after the mayor’s order, surviving Filipino veterans of the second world war, of foreign wars and of the United States Navy walked with city officials, boy and girl scouts last Friday to wreath-laying ceremonies in some of the city’s historical landmarks in observance of Philippine-American Friendship Day.

Banning motorcades, the mayor said, will avert a possible court order abating the same pursuant to the cited provision of the Civil Code. It will also “encourage a healthier, cost efficient, and environmental-friendly way of promoting businesses and events by walking”, Bautista added. He also anchored his order on the general welfare provision of the Local Government Code.

Last June 2, the mayor led city officials, government employees and sector representatives of the city in launching “Walk, Baguio, Walk”, a program to encourage people leave their cars at home and to walk or ride public transport to and from their places of work.

A brainchild of the Baguio Regreening Movement headed by city councilor Erdolfo Balajadia, the program is designed towards reduction of smog from vehicle emissions, lightening up traffic and clearing sidewalks of obstructions.

The next “Walk” rally on June 14 will be spearheaded by the Baguio General Hospital and Medical Center headed by Dr. Manuel Factora, with focus on the health benefits derived from walking as a form of exercise. In the spirit of the observance of the CAR anniversary, it will be dubbed “Walk, Cordillera, Walk”, with the organizers hoping the other localities in the Cordillera will adopt similar programs.

Aside from the ban on motorcades, the mayor directed city officials and employees to strictly comply with the city’s “number coding” ordinance banning cars from entering the busy central business district at least once a week.

Bautista ordered the city hall security and the police to prevent cars covered by the number coding from being parked within the city hall compound before the 7:00 a.m. effectivity of the ban.

City administrator Peter Fianza, who recommended the move, noted the practice of some car owners in parking their vehicles until the ban is lifted at 7 p.m. depriving others parking space when they go to city hall to pay taxes or transact business. At the city council, vice-mayor Daniel Farinas pushed for the city’s formal adoption of “Walk,Baguio,Walk” as a regular city program so its emerging features can be funded by the local government.