Court of Appeals lifts TRO on Capitol property conflict
BY CARLA GOMEZ
CEBU CITY –
The Twentieth Division of the Court of Appeals here has lifted the 60-day temporary restraining order it had issued against Gov. Alfredo Marañon Jr. and other Negros Occidental officials in connection with the sale and lease of its 7.7-hectare prime property in Bacolod City to Ayala Land Inc.
The TRO had been granted to SM Prime Holdings Inc. that had opposed the awarding of the negotiated sale and lease of Ayala, claiming it was the winning bidder to the property.
SMPHI had refused to join the negotiated bidding saying it had entered a higher bid than Ayala in a second bidding held on July 7, and sought the TRO to halt the negotiated sale and lease.
But the Capitol had declared the second bidding a failure, saying both SMPHI and Ayala had failed to meet the floor price for the property approved by the Commission on Audit.
The 60-day TRO was expected to end on Oct. 4.
However,
the CA, in an order promulgated on Sept. 6 lifted the TRO, which is believed to pave the way for the Capitol to proceed with the sale and lease of its property.
The dispositive portion of the Sept. 6 CA order denied SMPHI's prayer for preliminary injunction, and lifted the TRO it issued on July 27.
It also directed SMPHI and the provincial government officials to submit their respective memoranda within 15 days after which it will be deemed submitted for decision.
The decision was penned by Associate Justice Victoria Isabel Paredes and concurred in by Associate Justices Edgardo de Los Santos and Ramon Paul Hernando.*CPG
Source:
Visayan Daily Star
originally posted by kartaps