CH, Waterfront, Hotel Asia asked to submit memorandum

CEBU, Philippines - The Regional Trial Court has given the Cebu City government, Waterfront Hotel and Casino, and the Hotel Asia, Inc. three days to submit their respective memorandum on the civil case for certiorari and prohibition that the Waterfront has filed against the government over the sale of a property in Lahug.

RTC Branch 9 Judge Alexander Acosta said he will resolve the petition as soon as all the parties to the case shall have submitted their written memorandum.

The Waterfront Hotel questioned the sale of a 2,357-square meter property of the city government to Hotel Asia, Inc. The Waterfront claimed that it was not notified by the city government of the sale.

Lawyer Gerone Castillo of the Cebu City government questioned the court’s jurisdiction over the case. Castillo said that the case lacks the supporting facts and does fall under certiorari and prohibition.

“Technically there was no case…they were not complying with the rules,” Castillo said.

He, however, refused to comment on the merit of the case.

 The city government reportedly awarded the sale of the property to Hotel Asia at P35,000 per square meter. The bid price was P500 higher than the recommended floor price of the committee on awards.

 But the sale did not have the authority from the City Council. Mayor Michael Rama was not authorized to enter into and sign a deed of sale and deed of condition sale with the Hotel Asia Inc.

The Waterfront asked the court to declare Hotel Asia’s bid a failure for being a violation of the Commission on Audit circular. There was allegedly no COA representative when the bidding was conducted.

The Waterfront earlier presented a long-term lease proposal for the city-owned property Lot No. 917 covered by Transfer Certificates of Title No. 30916 with only P25,000 a month or P11.30 square per meter for 20 years.

 According to the Waterfront, the notice of bidding of the property was advertised two days before the intended public auction sale which is a violation of the COA circular.

 The Waterfront asked the city government to hold in abeyance the bidding of the contested lot citing its failure to comply with the requirements laid down under Section 79 of the State Auditor Code of the Philippines, which requires that the notice of bidding should be advertised by printed notice for not less than three consecutive days. (FREEMAN)