Paskuhan – Once top tourist draw now in state of dilapidation
CITY OF SAN FERNANDO – The city government getting but a “paltry” 5,000 square meters instead of the whole 9.3 hectares of the Paskuhan Village is to the utter disadvantage of the Fernandinos as well as the Kapampangans.
Taking the stand of 3rd District Rep. Aurelio “Dong” Gonzales Jr., lawyers representing him asked the city council Monday to defer the ratification of the agreement between the Premier Central Inc., (PCI) and the City Government of San Fernando on the 5,000-square meter land area donation of the Paskuhan Village.
Attorneys Edward Magat and Vince Calara cautioned the city councilors that the agreement would greatly disadvantage the people of San Fernando during the hearing of the committee on good government and public accountability chaired by councilor Nelson Lingat, with the city lawyers defending the deal already set to be ratified soon by the city council.
City administrator Atty. Atlee Viray said that there was no legal impediment for the approval of the said deal, calling it a “win” for Fernandinos and a “singular achievement” for the current administration of Mayor Edwin Santiago.
Viray said the deal provided a more prompt and reasonable solution to the city government’s concern of preserving the tourism landmark.
Calara, however, said that the city council should “exercise judicial courtesy” on the issue, noting that there are also questions hovering over the compromise agreement between the city and PCI.
Magat likewise pointed out that part of the agreement would require the city to give certain tax and business benefits to PCI and its affiliates.
Legal trail
It could be recalled that Solicitor General Jose Calida said the sale of the property to the PCI, a subsidiary of SM Prime Holdings Corp., by the Tourism Infrastructure and Enterprise Zone Authority (TIEZA) “is void pursuant to Section 54 of Republic Act 9593.”
Paskuhan was sold for P939,656,848. A deed of absolute sale covering the properties was executed between TIEZA and PCI.
Gonzales then filed an Urgent Motion for Leave to Intervene. The said motion was set for hearing on Jan. 20, 2020 which was not held by the court, according to the deputy House speaker’s camp.
Gonzales’ lawyers were given a copy of a Judgment (Compromise Agreement) dated Jan. 15, 2020, which approved a Joint Motion to Approve Compromise Agreement with Attached Compromise Agreement jointly filed by the OSG, City of San Fernando, TIEZA, and PCI on Jan. 10, 2020.
The joint motion was set for hearing on Jan.20, 2020, 9:30 a.m. Gonzales filed an Omnibus Motion for (1) Leave of Court to Intervene, and (2) Reconsideration of Judgment (Compromise Agreement dated Jan. 15, 2020) on Jan. 31, 2020.
The Omnibus Motion was not acted upon as the court did not even hold a hearing on Feb. 7, 2020, despite the Omnibus Motion being set for hearing in the court’s Calendar of Hearing.
Gonzales filed an Urgent Motion to Set the Omnibus Motion dated Jan. 31, 2020 for Hearing on Feb. 21, 2020. The previous motions were not heard and acted upon by the court, and the hearing was reset to March 7, 2020.
On March 7, 2020, the Deputy Speaker Gonzales’ counsel was informed of cancellation of hearing and handed a copy of a Certificate of Finality dated Feb. 7, 2020, with the court certifying that the Judgment has become final and executory on Jan. 15, 2020.
Appeal
On June 25, 2020, as the quarantine was somehow eased in Metro Manila, the Deputy Speaker filed with the Court of Appeals a Petition for Certiorari (with Urgent Motion for Leave to Intervene and Prayer for the Issuance of a Status Quo Ante Order, Temporary Restraining Order and/or Writ of Preliminary Injunction). Impleaded as respondents in the Petition are the Regional Trial Court Branch 42 of San Fernando, Pampanga as represented by its presiding judge, the OSG, the City of San Fernando, TIEZA, and PCI.
