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DAGUPAN CITY – The buyer of the Mc Adore building scored its first victory at the 10th
Division of the Court of Appeals (CA) which ruled that the complainant failed to prove that public
funds were illegally disbursed or used for unlawful purposes.
The CA said the case should not be called as a “taxpayer suit” as the allegation of the
complainant as well as the documentary evidence included did not qualify as such.
It added that what was involved in this controversy was a contractual obligation between a
government entity exercising its propriety right to sell its assets and a private corporation which bought
the same.
Leo Angeles sued for annulment of sale, reconveyance and damages on October 22, 2014 after
former City Mayor Benjamin S. Lim sold the seven-storey Mc Adore International Palace and theatre
building including its equipment and machinery for P119 million to AmbALC Holdings and
Management Corporation, Inc.
The Makati City based corporation won in a public bidding on January 7, 2013. Angeles
complained on July 7, 2014 at the Branch 42 of the Regional Trial Court here that the bidding process
of the properties was defective as notice of auction sale was not published and the payment was grossly
inadequate on the part of the government.
Mayor Belen Fernandez, not a party to the case, said the sale was grossly disadvantageous to the
government, saying the building cost from P250 to P300 million.
AmbALC argued that private respondent Angeles was not the real party in interest and did not
have a locus standi or legal standing thus his suit could not prosper.
On October 3 of the same year, Angeles countered that he could sue because the contract was a
public property. He argued in that he could do this as taxpayer and a concerned resident of this city.
The AmbALC, owned by former Ambassador Antonio Cabangon, challenged again the legal standing
of Angeles in the case.
RTC Judge Florentino R. Dumlao denied the petition of Amb ALC as “the action was of
paramount interest for the government.”
In January 5, 2015 the RTC also rejected the Motion for Reconsideration (MR) of the AmbALC,
which then filed for a certiorari at the Court of Appeals.
The Court of Appeals, in a decision penned by Associate Justice Zenaida T. Galapate-Laguilles,
reversed the RTC’s decision, saying there was an abject failure for Angles to prove that public funds
were illegally disbursed or used for unlawful purposes.
“Neither is there an averment that the City Government of Dagupan, in entering into a
transaction with petitioner, has caused material injury to its coffers and the residents, including private
respondent,” the court said.
“There is no showing that the contract causes pernicious influence to society impeded the local
government in the dispensation of its services, or provokes public disorder. In fact, private respondent’s
complaint is sorely empty of any allegation that the contract partook of such transcendal importance or
encompassed issues of such nature which must be addressed with alacrity”.
The CA said it granted on the petition of Holdings, Inc. to annul and dismiss Civil Case No.
2014-0197-D.
Aside from Associate Justice Zenaida T. Galapate-Laguilles, Associate Justices Mariflor P.
Punzalas Castillo and Florito S. Macalino voted for the petition.
Rules of Court says that Angeles can file an MR on the December 11, 2015 decision of the CA
but if it rejected it again the petitioner can elevate his taxpayer’s suit to the Supreme Court for another
lengthy process.
(https://northwatch.wordpress.com/2016/02/14/amb-alc-holdings-scores-victory-on-mc-adore-
row/amp/)
I had a visitor last week in the person of newly elected Mayor Belen T. Fernandez of Dagupan
City, who wanted to give her side on the controversial sale of the McAdore Hotel which the city
government bought for P50 million but was sold for P119 million, thus earning a profit of P69 million
for the city (As I See It, 6/19/13).
The mayor, a reluctant candidate in the May elections, and other Dagupeños oppose the sale
because the selling price, even with a P69 million profit for the city, is still undervalued. Even way
back in 2002, or 11 years ago when McAdore was bought by the city for P50 million, it was
documented in the deed of sale that the land alone was worth P24,000 per sq m, or P122,712,000 for
the 5,113 sq m of prime commercial land in the downtown area of Dagupan. And prices have gone up
considerably since 2002.
In the interest of fair play, we are airing the side of the new mayor and other Dagupeños
opposed to the sale.
Mayor Fernandez said the correct process was not followed in the sale of the seven-story hotel.
She said she will not oppose its sale, even to the same buyer, if the price is right and due process was
followed. She narrated the history of the hotel, originally the five-star McAdore International Palace
sitting in the heart of Dagupan.
The total floor area of the seven-story hotel is 11,000 sq m. It was foreclosed by the bank when
the owners could not repay the loan. It was sold by the Asset Privatization Trust to the Dagupan City
government at a special rate of P50 million on the presumption that it would be converted into the new
city hall by then Mayor Benjie Lim. But throughout Lim’s term as mayor, no plan materialized to
develop it into a city hall.
Instead, Lim asked the city council to grant him authority to negotiate the sale of the property
after a prospective buyer offered P70 million for it. However, the city council led by then
Vice Mayor Fernandez refused to grant him that authority, pointing out that the appraised value of the
property at that time was P180 million.
When Vice Mayor Fernandez went to the United States to receive an award for good governance
in April 2012, Lim saw an opportunity to bypass her.
Mayor Lim called a “special emergency session” of the city council—without written notice and
without the knowledge of the presiding officer, Vice Mayor Fernandez, even ordering some councilors
who were then in Manila attending a seminar back to Dagupan to “address an urgent matter.”
Nine of them eventually convened way past session hours. Less than 10 minutes after they
convened, the nine councilors (now called the “Judas 9” by Dagupeños) passed a resolution giving
Mayor Lim blanket authority to sell the McAdore Hotel.
Not long thereafter, the Department of Interior and Local Government heard about the “Judas 9”
session, and made an investigation. In its published opinion, the DILG found that the session was:
“irregular” on numerous aspects, and ruled that the enacted resolution granting Mayor Lim authority to
sell McAdore Hotel was illegal.
City Council Secretary Ryan Raganzo filed a petition for the issuance of a writ of injunction to
stop the sale of the hotel. Judge Emma Torio of Dagupan RTC issued a temporary restraining order
(TRO) “in the higher interest of substantial justice.”
Despite the TRO, Lim still continued to broker its sale, even creating a “disposal committee” to
“properly appraise” the value of the McAdore property to ensure its sale as soon as the TRO expired.
The chair of that committee: Mayor Benjie Lim.
Lim’s disposal committee pegged the minimum price for the McAdore Hotel at P100 million.
However, consider these facts:
• The appraisal that was used to determine the minimum price was based on the property’s
“zonal value” established before 2007, and not the industry-accepted and generally used “current
market value.”
• Lim eventually sold the property to AMB ALC Holding and Management Corp. which won
the bidding with a price of P119 million, or only approximately P18,500 per sq m.
• Do not forget, however, that the hotel was sold to Dagupan City in 2002 for P50 million as a
special concession by the APT. The deed of sale noted that the total value of the land was actually
P122,712,000, or P24,000 per sq m.
• Even more curious is the fact that Lim used to own a 715-sq m property only 200 meters from
McAdore, and sold it to Land Bank in 2005 for P35,000 per sq m.
• Since 2005, it has been accepted by real estate professionals that the market value of properties
in the area has increased considerably, with some calculating that the property has doubled in value.
• The Dagupan RTC finally declared the “Judas 9 emergency resolution” null and void, thus
invalidating the sale of the McAdore Hotel.
• Lim’s camp is now claiming that Dagupan “wasted a golden opportunity” to earn a
P69-million profit. But basing it on market values eight years ago, Mayor Fernandez said the “P69-
million profit” was actually a P95-million loss.
The lady mayor said she still wants to convert the hotel into Dagupan’s new city hall as the very
old city hall beside it is now “dilapidated and falling apart.”
Where will she get the money to refurbish it? “I will be able to produce it,” she replied.
(http://opinion.inquirer.net/55617/the-other-side-of-hotel-sale-row/amp)
Last week, Dagupeňos were treated to an “excessive dose” of news about the historic MC Adore sale,
which drew mixed reactions from various quarters.
Some comments were politically smart, while others were noticeably intended to fill the empty air with faulty
logic and divisive statements.
Let’s take a closer look at the events and “circumstances” leading to the sale. In 2002, the ‘idle and
derelict’ property was bought and paid for by the city in five (5) equal annual installments without interest
totaling P50 million during Mayor Benjamin Lim’s first term.
The purchase of the property drew opposition from Lim’s critics, notably Vice Mayor Belen Fernandez who
described the mayor’s project as a “white elephant” and a city’s financial burden. On October 3, 2011, Lim
wrote the vice mayor and Sangguniang Panlungsod (SP) members asking them to give him an authority to sell
the MC Adore property, reasoning out that the budget will be used for sensible and pressing city projects.
On April 20, 2012, the SP majority adopted a resolution authorizing him to initiate the sale of the property
while VM Fernandez was out of the country.
Four months later, Ravanzo filed a special civil action vs. Lim and the nine aldermen, questioning the
validity of
the resolution. Despite the case filed by the city secretary and the strong opposition thrown by the SP minority
led by the presiding officer, the SP's majority bloc managed to affirm and confirm Lim’s authority to sell the
McAdore and a parcel of land in Talibaew, Calasiao by adopting in a regular session Resolution No. 6809-
2012 on October 1, 2012.
The nine councilmen who voted in favor of the resolution were Karlos Liberato E. Reyna IV, Ma.
Librada Fe M. Reyna, Jesus D. Canto, Marc Brian Lim, Redford Christian P. Erfe-Mejia, Luis M. Samson, Alvin
T. Coquia, Guillermo P. Vallejos and Chester Gonzales. On December 7, 2012, the case filed by Ravanzo and
his lawyer, Atty. Borromeo Bustamante was denied due to their failure to appear before the court. But days
later, Ravanzo filed a motion for reconsideration, praying to restrain Lim from selling the properties on
December 17, which Judge Torio granted on December 14, 2012.
VM’s version
The mayor's letter dated October 3, 2011 to VM Fernandez said, “It has come to my knowledge that the
vice mayor conducted her own research and study as to the actual value of the entirety of the MC Adore
property. Based on confirmed media reports, your good office has openly stated that the property’s lot and
building, at the very least, are valued at two hundred million pesos (PHP 200,000,000).” On April 24, 2012, VM
Fernandez, in a radio interview, questioned the validity of the resolution, lamenting that the nine councilors
(who have an obvious right to convene a special session) were just “misguided” or “misled.” In layman’s term,
the word misguided or misled when used to describe a professional will fairly mean that a person lacks the
ability to use his own freedom of choice.
In other words, Ate Belen questioned the wisdom of the nine aldermen, making it known to the public
that her decisions alone, when it comes to SP works, are ‘moral and legal,’ conveniently forgetting her
publicized stand and comments that the MC Adore property is a white elephant, bulok, wala kwentang
proyekto, or aksaya lang ng pera. After the hue and cry generated by the controversy, the truth finally came
out, Now, our time tells us that the so-called white elephant has turned into something valuable, which might
have prompted Ate Belen to sing another different tune. “Matibay ang building na yan kaya more or less aabot
talaga ng 300 million.” “Para kang nagbebenta ng Mercedez Benz na ang worth ay 3 Million pero binebenta mo
ng 50 thousand.” she added.
But my barber said, “Kung bulok yan, eh bakit ngayon sinasabi ng ating mahal na vice mayor na
aabutin daw ng 300 million?” I told him that perhaps Ate Belen was really after the city's welfare, aware that my
answers might not adequately address his anxieties.
What’s beneficially true to us, especially to the poor, is the fact that the mayor and company did a fairly good
job in converting the MC Adore property described by their political opponents as fit for the garbage bin into a
huge and valuable cash – a whooping P69 million in profits earned by the city. It's all over, but the shouting by
some disgruntled partisans.
Done with utmost transparency, there is no legal impediment that may restrain the mayor and the disposal
committee from proceeding with the sale during the public auction last January 7.
Lastly, contrary to what was earlier reported, there was never an injunction to the sale being ordered by the
court, because the judge only granted Ravanzo an application to file for an injunctive bond of P50,000,000
which he failed to do.
DAGUPAN CITY – The mayor here assailed the hypocrisy of an opposition councilor who did
not question the anomalous bargain sale of the former Five-Star McAdore International Palace Hotel in
2012 that should be converted as a city hall.
Mayor Belen T. Fernandez said that when former Mayor Benjie S. Lim conspired to fire-sell the
P400 million worth seven-storey with a theater building Palace Hotel fo P119 million, her staunch
critic Councilor Red Erfe-Mejia did not question the graft ridden transaction.
“Noong ako ay nagpunta sa U.S ay binenta nila Mayor Benjie Lim nandiyan si Red at bakit siya
pumayag na mabenta ng palugi? Dapat tumayo si Councilor Red kailangan natin ng consultation bago
natin ibenta. Bakit hinde niya ginawa?” the mayor lambasted, in a consultation hearing, Mejia who
opposed the donation of the 1.2 hectares land as situs for the city hall.
At the last consultation of the Cluster 6 of the villages here, the mayor narrated that the P50
million procurement of the local government here in 2002 of the McAdore from the Asset Privatization
Trust, a government owned privatization program, became possible because of the intercession of then
former Vice Mayor Al Fernandez and Alfred Balingit to then former Philippines President Gloria
Macapagal-Arroyo. Both of whom were friends of Arroyo.
“At that time ang McAdore ay mahigit ng P200 million ngunit dahil sa gusto natin na
magkaroon ng city government kaya ibinigay sa atin, tinulungan tayo na magkaroon tayo ng city hall,”
Fernandez stressed.
When Lim became mayor in 2002 he wanted to sell the Palace for P68 million with the local
government here still required to pay the 6 percent Capital Gain Tax and the 1.5 percent Documentary
Tax at the Bureau of Internal Revenue for the sale.
“Compute ko iyan sabi ko mayor hinde pa (ba) tayo nalugi diyan? Dahil iyong lupa na binigay sa atin
ng mura kailangan ibalik natin at gawin nating city hall,” Fernandez, who was the vice mayor then
told Lim.
She added to Lim that if he was persistent to sell it he should trade the 11,000 square meters
hotel at P400 million in the prevailing market value of the real properties located at the heart of this
city.
But Lim and those councilors that included Mejia and Lim’s son Brian, the present Vice Mayor
who vehemently opposes the relocation of the new city hall, succeeded in selling to the AMB ALC
Holding and Management Corporation which won the bidding for P119 million or approximately
P18,500 per sqm in January 28, 2013.
Critics slam that the sale as anomalous and disadvantageous to the local government because
then Mayor Lim sold in 2005 his nearby 715-sqm property to Land Bank for P35, 000 per sqm.
Aside from Lim and Mejia, the other council members that critics called part of the Judas 9 were then
Councilors Guillermo Vallejos, Chester Gonzales, Chito Samson, Jess Canto, Karlos Reyna, Dada
Manaois-Reyna and Alvin Coquia.
When Fernandez became mayor in 2013 Sanguniang Panlungsod Secretary Ryan Raganzo filed
a petition for the issuance of a Writ of Injunction against buyer AMB ALC Holding and Management
Corporation to stop the sale of McAdore.
Regional Trial Court Judge Emma Torio of this city issued a temporary restraining order (TRO)
with an argument “in the higher interest of substantial justice.”
Judge Torio finally declared the resolution of the nine councilors as null and void.
The putative buyer corporation headed by former Ambassador Antonio Cabangon Chua was estopped
by the court to operate the five -star hotel as the case is presently litigated at the Court of Appeals.
(http://wwwmortzcortigoza.blogspot.com/2017/07/mayor-belen-hits-mejias-hypocrisy.html?m=1).
THE MCADORE HOTEL is an abandoned building in Dagupan City. When it was built years
ago, it was the pride of Dagupan, earning the monikers “International Palace” and “Star of the North.”
The owners had such grand plans for it.
Alas, the owners fell on hard times; the bank foreclosed the property and sold it at a public
auction. The city government bought the building for P50 million, planning to renovate it for a new city
hall. But the city government scrapped the plan upon learning it could not afford the huge cost of the
renovation.
Several years ago, the city government decided to sell the building at another public auction,
with the approval of the city council. The Cabangon family bought it at much more than the winning
bid price of P119 million. The contract required the winning bidder to shoulder other expenses related
to the sale. The buyers paid a total of P8,925,000 to the Bureau of Internal Revenue for capital gains
and documentary stamp taxes. They also paid a local transfer tax of P892,500 to Dagupan City and
P554,135 as registration fee of the property’s titles.
Dagupeños are happy because they will be getting a new landmark, a definite boost to tourism
for their city. Already, the family has opened a branch of City Savings Bank at the ground floor of the
building. More business activities are in the offing that will surely liven up the city’s economy, said
Pangasinan Gov. Amado T. Espino during the bank’s formal opening.
Furthermore, the opening of a renovated, refurbished McAdore Hotel will be a boost to tourism
in Dagupan, which is famous for its Bangus Festival launched by former Mayor Benjie Lim to promote
Dagupan as the home of the country’s most delicious milkfish. When the renovation is completed,
McAdore Hotel is expected to provide 130 more rooms for the thousands of foreign and local tourists
who flock to Dagupan for the Bangus Festival every year.
Alas, the city risks losing all these benefits because of politics. On a mere technicality, the
regional trial court of Dagupan issued a decision declaring null and void the city council resolution
authorizing then Governor Lim to initiate the sale of the property. The decision was issued
by the court in connection with a petition filed by a city official questioning the validity of the
resolution that authorized the sale.
The petition was filed in July 2012, but it took the court almost a whole year to decide the case.
What took it so long? The court’s timing is questionable.
But then, it ceases to be puzzling when you consider that the ruling was handed down on May
20, 2013, exactly one week after the May 13 elections that ushered in a new city administration.
Smells like a case of political one-upmanship. A judge seeking to win pogi points with the new
administration to be in its good graces?
Politics threatens to scuttle one big opportunity for Dagupan to boost its tourism potential and
economy.
(http://www.pressreader.com/philippines/philippine-daily-inquirer/20130619/281698317312388)