SM Prime rests case vs Ayala-Negros Occ deal
BACOLOD CITY, Philippines — Property developer SM Prime Holdings Inc. (SMPHI) has stopped presenting additional witness or evidence in its ongoing petition for certiorari against the sale and lease contract between the Negros Occidental provincial government and Ayala Land Inc (ALI), Gov. Alfredo Marañon Jr. said Monday.
The case, still pending before the Regional Trial Court-Bacolod branch 50, involves the awarding of the contracts for the sale and lease of the Capitol's 7.7-hectare prime property in this city to ALI.
Assistant Provincial Legal officer Mary Ann Manayon-Lamis, who also heads the Capitol's defense team in the SMPHI case, said the lawyer of the company had informed Judge Estefanio Libutan Jr. at a hearing last Sept. 16 that they were not presenting witnesses or evidences anymore.
Libutan ordered both parties to submit their respective memoranda in 30 days, or until October 16, after which he will rule on the case, Lamis said.
In effect, the case has rested, Marañon said, adding that he is hoping the court would release its decision as scheduled.
In 2011, SMPHI has filed a petition seeking the annulment of any negotiated sale and lease by the provincial government property to ALI, as decided by the Provincial Committee on Awards and Disposal of Real Properties.
"SMPHI is questioning the declaration by the provincial government of the failure of the public bidding and is hoping for a speedy determination of the legal issues plaguing the auction of the properties," the company said, while asking also the court to declare it as the winner of the July 7, 2011 bidding.
The case filed by SMPHI has delayed ALI in starting the development of the property- a P6.2-billion Capitol Civic Center envisioned to be the growth center of Negros Occidental.
But in a disclosure to the Philippine Stock Exchange last Sept. 9, ALI said it has a continuing negotiation with the Capitol for its multi-billion peso project on the latter's 7.7-hectare prime property. (FREEMAN)
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