Judge voids Dagupan City land resolution
DAGUPAN CITY—A judge here on Monday voided a city council resolution that had authorized outgoing Mayor Benjamin Lim to sell two city government-owned property last year.
In a 12-page decision, Judge Mervin Jovito Samadan, of the Regional Trial Court Branch 40, said a mere resolution was not enough to grant the mayor authority to enter into a contract.
“Such authorization must be done through an ordinance,” said Samadan, citing a provision of the Local Government Code.
The case stemmed from a petition for declaratory relief filed on Aug. 17, 2012 by city council secretary Ryan Ravanzo questioning the validity of the resolution that was passed in a special session on April 20, 2012.
Aside from Lim, the respondents were Councilors Jesus Canto, Ma. Librada Fe Reyna, Karlos Liberato Reyna, Marc Brian Lim, Redford Christian Erfe-Mejia, Luis Samson Jr., Alvin Coquia, Guillermo Vallejos and John Chester Gonzales.
The resolution authorized Lim to sell the McAdore International Palace lot and building and a city-owned land in Barangay (village) Talibaew in Calasiao town.
The hotel lot and building had been sold for P119 million on Jan. 7 this year.
Ravanzo said the resolution also failed to comply with the Local Government Code’s implementing rules and regulations, noting there was failure to send out written notices of the special session to council members, among other things.
Samadan said an ordinance is “a law, but a resolution is merely a declaration of sentiment or opinion of a lawmaking body on a specific matter.”
“Even assuming… that such authorization may be done through a mere resolution, the questioned resolution will still be a nullity for lack of the notice requirements in accordance with [law],” he said.
He said there was nothing on record to show that written notices were served to all councilors at least 24 hours before the special session was held.
“More fatal to respondents’ cause is that the questioned resolution has not undergone the two-reading requirements,” said Samadan.
Lim could not be reached for comment as he is still in a Metro Manila hospital, recovering from a stroke he suffered on May 12.—Gabriel Cardinoza
