Court says SM can build mall in Clark

The Regional Trial Court in Angeles City ruled recently that SM could build a shopping mall in Clark. The Clark Development Corp. (CDC) won it against a non-government organization which earlier blocked the building of the SM structure. The shopping mall is a project of SM’s Premier Central, Inc. (PCI).

RTC Judge Philbert I. Iturralde of Branch 58 said the petition filed by Pinoy Gumising Ka Muna Chair Ruperto Cruz for mandamus, injunction and annulment of contract (that CDC entered into SM) with prayer for temporary restraining order, and writ of preliminary injunction under the Civil Case No. 11353 was dismissed. The decision was issued on Oct. 4.

"Wherefore, with the foregoing discussion given weight, this court believes that at the outset, the petitioners (PGKM) have insufficient or has no cause of action against herein respondents (CDC, PCI), thus, the petition shall perforce fail," Iturralde said.

Iturralde said that the conclusion draw its strength by reason of the declaration of the petitioners in their petition particularly in paragraph 6 and 12 of the civil case filed by Cruz that they are taxpayers and duly licensed traders, businessmen, and admitted that the suit was instituted individually or jointly as such.

The court said that if the petition filed is one of a taxpayers’ suit, then the respondents were correct in their argument that there must be clear showing that indeed there were unlawful diversion of public funds and/or misuse of public funds and that by reason thereof, herein petitioners have incurred or suffered damages or indirectly as taxpayers.

But Iturralde said that "nowhere can it be shown in the petition that indeed said taxpayers have suffered or will suffer directly and personally on the assailed contract entered into by and between respondents."

The judge also said that "curiously, the court wonders also why herein petitioners have been silent against other establishments similarly built in the area (referring to the several giant malls of Robinson’s Place, Nepo Mall, and Jenna Mall).

"On the issue of propriety of the contract entered into by and between respondents CDC and PCI – the operator the giant SM malls — wherein no authority was given to the former by the Bases Conversion Development Authority (BCDA, this issue should best be threshed out by these entities (CDC and BCDA) amongst themselves and if need arises, in another forum of competent jurisdiction," Iturralde said.

"Finally, on the issue of Angeles has violated section 5 of Republic Act 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, as he has failedto respond to the letters of the petitioners within the prescribed period of time fixed by law, to the mind of the Court, such an issue should not be the subject of this proceedings," he said.

In his decision, Iturralde also stressed that the "prayer of relief sought by the petitioners in the petition at bench are genuinely foreign RA 6713, sanction on which was not even prayed, therefore, it must separately be brought by the petitioners."

The court decision came at the heels of re-developing the Bayanihan Park, CDC and CPI today held a concree poring ceremony for the construction of P50-million theme park at Clark’s main gate.

The new park will have road provisions and will feature jogging lanes, playgrounds, recreation activity courts, international gardens, freedom park, multi-purpose area where the Salakot structure would be transferred, public transport terminal and huge parking areas for public and private vehicle.