City won't reimburse R-2 on Ramos market expense
Balita News Services
"definitely not settle the P15-million refund sought by R-2 Builders
out of court," said acting City Attorney Evangeline Abatayo.
"We may accede to R-2's termination notice but we won't give in to
their demands that their initial expenses be reimbursed by the City.
We don't want to put the City at a disadvantage," Abatayo said,
referring to the F. Ramos market and sports center project.
Although it is their right to claim, the company will have to
raise that in court, she said.
Abatayo said R-2 is bent on terminating the contract and "we
cannot prevent them as that is their prerogative."
The aggrieved party, she said, may notify the other party but they
are withdrawing from the contract, but it has to go to court to
rescind it.
"Only the court can declare it as unenforceable or null and void,"
she added.
R-2 Builders withdrew from the deal on June 30 after its
president, Edmund Q. Sese, sent a notice of termination to suspended
Mayor Alvin Garcia.
The Manila-based contractor said the City violated the contract's
terms and condition when it failed to establish ownership of the
project site along F. Ramos st.
The attorney's office has yet to secure four of the eight titles
in the City's name. Twenty-four titles are needed to cover the whole
area.
But Abatayo said the City can claim ownership of the questioned
lots through "acquisitive prescription," as the old public market was
in the area for 30 years.
"It is presumed by the operation of law that the City is the open
and continuous owner of the lots. How come these heirs have claimed
only now? If they are true owners..they should not have been sleeping
on their rights," she said. (PNA) bfm/EB/BH/ptr
PNA 07090858