CITY HALL BEAT
Aileen P. Refuerzo
BAGUIO CITY – The city government
rejected Uniwide company Chairman Jimmy Gow’s intent to proceed with and
execute the Design-Build-Lease agreement with the city for the development of
the city public market saying the agreement has been deemed terminated due to
the dissolution of the Uniwide Sales Realty and Resources Corporation
(Uniwide).
Gow
in a letter to Mayor Benjamin Magalong dated Sept. 20 through legal
counsels Aileen Grace Deticio and Mark Resty Derit reiterated his intent
to continue with the project and requested for the city to issue a notice to
proceed citing the “finality of the Resolution issued by the Supreme Court
dated March 14, 2016 and the entry of the judgment having been made which
upheld the validity of the Design-Build-Lease agreement and Ordinance No.
38 series of 1995.”
“In
the intent to continue with the deal and to accommodate the market vendors who
will be temporarily displaced, our client would like to express modification on
the architectural design previously present before the city council to include
leasable spaces to accommodate the existing vendors who stand to be displaced,”
the letter read.
In
his reply prepared by the City Legal Officer under Acting Legal Officer Melchor
Carlos Rabanes, Magalong cited four reasons why the city “cannot anymore
entertain your intent to proceed.”
“The
aforesaid DBL Agreement is deemed terminated by operation of law; Uniwide is
deemed dissolved and its corporate or juridical existence terminated; all
assets of Uniwide are now vested in the court-appointed liquidator; and you
have no more legal standing to deal with the City of Baguio with respect to the
DBL Agreement as all matters pertaining to this Agreement have been transferred
by alw in the hands of the Liquidator,” the mayor said.
He
said the city’s legal stand is based on Section 113 of Republic Act 10142 or
the Financial Rehabilitation and Insolvency Act of 2010 in the wake of the
court’s issuance of Liquidation Order dated Nov. 23, 2017 against Uniwide Group
of Companies including the Uniwide Sales Realty and Resources Corporation with
which the city entered the agreement.
He
informed Gow that the city had communicated its stand to court-appointed
liquidator retired justice Martin Villarama that as of the date of the
liquidation order, Uniwide is deemed dissolved and that the its DBL agreement
with the city is deemed terminated.
He
said a letter was sent to Justice Martin Villarama Jr., the court-appointed
liquidator in line with the dissolution of the companies belonging to the
Uniwide Group of Companies which include the USRRC as per the liquidation order
dated Nov. 23, 2017.
In
said letter to Villarama last August, the mayor asserted the city’s intention
to avail of the provisions of RA 10142 and that it will not agree to any
assignment of the market contract to any subsidiary or affiliate of the
company.
***
Barangays
were urged anew to manage their own biodegradable wastes through segregation
and home and backyard composting as part of their obligation under the
provisions of Republic Act (RA) 9003 or the Ecological Solid Waste Management
Act of 2000 and the city’s Environment Code.
General
Services Officer Eugene Buyucan said the city as directed by Mayor Benjamin
Magalong now strictly enforces said provisions of the laws designed to help the
concerned government agencies and local governments address the garbage
disposal concerns.
The
GSO does not collect biodegradable wastes at present to encourage households
and businesses to do their part in managing their compostable wastes.
Barangays
that encounter difficulties in setting up their composting systems may request
assistance from the GSO.
“We
will evaluate if these barangays really have no means and capability to do
their own composting and if so, we can assist them,” Buyucan said adding that
they have available drums for requesting barangays or residents.
He
said residents should practice composting and urban gardening in their homes
because it does not only help reduce the volume of both biodegradable and
non-biodegradable wastes but is also beneficial for the homes.
He
said a simple composting method would only require any container, big or
medium-sized and can be plastic, wood or cement where biodegradable wastes can
be stored.
“Just
cover the refuse with small amount of soil for drying and repeat the
process. The compost can be used in one to two months for their backyard
garden,” he said.
Other
methods such as the use of African night crawlers can also be employed.
The
mayor at the start of his term urged residents and business owners in the city
to adopt their own backyard composting methods and technologies to lessen the
city’s biodegradable wastes and help the city which albeit is its best to
maximize the operation of the Environmental Recycling System (ERS) machines
stationed at the former dumpsite at Irisan still needs the cooperation of
residents and businessmen in easing the city’s waste burden.
Aside
from collecting some 40 to 50 tons of biodegradable wastes from the different
collection points in the city’s barangays, the local government is also
collecting some 170 to 180 tons of non-biodegradable refuse in the barangays
daily.
The
city is still hauling out residual wastes to Urdaneta City.
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