CA: P1.6 B dev’t of Baguio market by Uniwide is legal

By Dexter A. See

BAGUIO CITY  – The 7^th division of the Court of Appeals affirmed the decision of a Baguio-based Regional Trial Court declaring the constitutionality of an ordinance prescribing guidelines of development of the city public market and conduct of public bidding for the P1.6 billion project and its subsequent award to Uniwide Sales and Realty Development Corporation.

In a 57-page decision dated December 28, 2012, Associate Justices Ramon E. Cruz, Noel G. Tijam and Romeo F. Barza cited the decision of the RTC Branch 59 dated June 28, 2008 upholding the constitutionality of the city public market development was borne out of the records and based on the pieces of evidence presented by the parties, thus, there is no reason for the appellate court to deviate from its conclusions.

           

“There is no convincing evidence showing unfairness, injustice, bad faith or arbitrariness on the part of the Pre-Qualification and Bids and Awards Committee (PBAC) in evaluating Uniwide’s bid,” the decision stated, adding that the bidding process was regular and the PBAC had basis to award the project to the winning bidder.

           

 The CA noted that the PBAC reserved its right to accept or reject bids and the re-invitation to pre-qualify and bid states that “the Baguio City PBAC reserves the right to reject any or all bids, with any defect contained therein and accept the offer most advantageous to the City of Baguio.”

           

The complaint stemmed from the desire of several groups of market vendors spearheaded by the Baguio Market Vendors Association (BAMARVA) to prevent the city government from developing the city public market into a well-organized structure that will cater to parking of public utility jeepneys, stalls for illegal vendors and stalls for legitimate market vendors among others.

           

The petitioners argued that the public bidding was tainted with irregularities, thus, the public bidding and award to Uniwide are void and illegal because they are contrary to law, public policy and the constitution.

           

Earlier, Judge Iluminada Cabato of RTC Branch 59 ruled the development of the city public market is not contrary to existing laws, particularly the Build Operate and Transfer (BOT) law considering that the law allows local governments to enter into contract with any duly pre-qualified project proponent for the financing, construction, operation and maintenance of any financially viable infrastructure or development facility through BOT.

“It is a basic rule that government officials are presumed to perform their functions with regularity and strong evidence is necessary to revoke this presumption. He who alleges the commission of any irregularity in the discharge of official duty has the burden of proof,” the decision cited, stating that it is therefore incumbent upon the petitioners to prove their allegations but unfortunately, petitioners failed to discharge such burden.

           

The CA added “no countervailing proof was adduced to overcome or over turn the regularity in the performance of official duties by the public officials charged in the case.”

           

The decision stated that it is likewise correct to state that since the option is given to any party and if the investor/bidder would exercise the option to renew the contract for another 30 years, the city government of Baguio cannot refuse.

           

Under the proposed city public market development plan, the developer can operate the facility for a period of 30 years with an option to renew the contract for another 30 years.

           

The developer is obliged to build a seven-storey structure with provisions for parking while two floors will be owned by the city where the illegal sidewalk vendors could be accommodated. The remaining floors will be operated by the developer.

           

“The rule is that the factual findings of the trial courts are entitled to great weight and accorded highest respect, especially when amply supported by testimonial and documentary evidence and will not be disturbed on appeal unless there is a showing of abuse or arbitrariness or it had overlooked, misunderstood or misapplied some facts or circumstances of weight and substance that would have affected the result of the case,” the decision cited.

           

Mayor Mauricio G. Domogan welcomed the latest CA ruling on the proposed city public market development, saying those against the development of the facility have vested interests to protect, thus, the filing of such cases to delay the implementation of the project.

           

“It is unfortunate that entire Northern Luzon, Baguio City has a still undeveloped market because of the pendency of the case filed by the vendors questioning the validity of the bidding and the award of project to Uniwide, Domogan said, citing that he will make the proper representations with the developer on the future steps to be undertaken once the vendors will not appeal the case to the Supreme Court.

           

The CA decision will become final and executor after fifteen days once the affected groups will not appeal the same to the high tribunal.