SM Prime Holdings Inc. will continue to pursue its case against the provincial government of Negros Occidental before the Regional Trial Court of Negros Occidental, regardless of how the Commission on Audit rules on the Capitol’s sale and lease of its 7.7 hectare property in Bacolod City to Ayala Land Inc..

That was what SMPHI lawyer Vince Patrick Bayhon said last night, adding that the hearing of their case resumes at the RTC in Bacolod on Friday.

Last night the COA en banc was deliberating on the deed of sale and contract of lease of the 7.7-hectare provincial government property to ALI but its decision was not available as of press time.

SMPHI lawyers had filed a suit against Gov. Alfredo Marañon Jr. and other Negros Occidental provincial government officials questioning their act of awarding the lease and sale of the 7.7-hectare property to ALI through a negotiated bid, insisting that their client was the rightful winner of the bidding.

Bayhon insisted that there were irregularities in the bidding and they will not retreat or surrender from their pursuit of a legal remedy to their having won the bid.

Gov. Alfredo Marañon Jr. last night said the claim of Bayhon is not true, the province acted above board, and SMPHI did not win the second bidding for the property, because, like Ayala, it entered a bid below the floor price set.

That is why a negotiated bidding was held, in which SMPHI refused to participate, the Capitol lawyers had pointed out.

Marañon also cited the recent dismissal by the Court of Appeals of a petition and motion for reconsideration filed by SMPHI in connection with the sale and lease by the Negros Occidental provincial government of its 7.7-hectare property.*CPG

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