Will SM accept
CA ruling?  

Well, it now seems that the sale and lease of the prime government property of the provincial government to the Ayala Land Corporation may finally go through with the lifting of the Temporary Restraining Order of the Court of Appeals.

The Commission on Audit had earlier given its imprimatur to the transaction as within the limits of its appraisals.

The problem, however, is whether the SM Prime Holdings Inc. (SIMPHI) will accept the CA ruling as final and definitive and not appeal it to the Supreme Court.

Both sides of the issue, the provincial government and the SMPHI, are given 15 days to submit their respective replies to the appellate court which will decide the case on its merits.

Atty. Vicente Patrick Bayhon, the SMPHI legal counsel, was not immediately available to comment on the CA ruling on the TRO, reports said.

He had, however, earlier hinted that the SMPHI may appeal the case to the Supreme Court.

But it is fact that the provincial government had abided with the procedures in the bidding which the SMPHI contested, claiming that it won the second bidding.

Still, as pointed out by Governor Alfredo Marañon Jr. the appellate court had vindicated the position of the provincial government.

The Twentieth Division of the CA lifted the 60-day TRO issued on Marañon and other provincial officials involved in the award of the bid for the property which SMPHI had claimed it was the winning bidder, reports said.

Marañon said the CA ruling shows that the SMPHI position was weak and that “we were legally correct in our actions.”

There may be more cases filed by SMPHI but the fact that the Court of Appeals has already lifted the RO virtually signals the deal could push through soon.

Incidentally, the majority of business groups and the local IBP chapter had supported the decision of the provincial government which could mean that there will be enough proceeds from the sale and lease of the property to fund some of the development projects of the province.

* * *

Local residents may lack the technical expertise to determine the impact on their community of an impending mining operation as presaged by ongoing mining exploration.

But definitely one must take off the hat to them for their commonsense appreciation of its impact on their area.

And that is the point why the Sangguniang Bayan of Binalbagan expressed their vehement objection to the ongoing mining operation in 19 mountain sitios of the hinterland areas of Binalbagan town.

More important is that, apparently the SB members, headed by Vice Mayor Emmanuel Aranda had signed the petition.   

The original opposition was signed by 156 family settlers of Brgys. Bia-o Santol, and Amontay, reports also said.

I had gone to these hinterland barangays in the past and certainly could appreciate the residents’ concern that the ongoing mining exploration may wreak havoc with their slopping topography and could precipitate later landslides.

One must go to Amontay to fully appreciate the concern of local residents. It is at the boundary of Negros Oriental and Occidental as matter of fact, I once felt enchanted by the fresh mountain air there and fell in love with Amontay’s beauty I even entertained once the idea of possibly buying a small piece of there for my retirement home.

Well, it is good that the SB had endorsed the resolution pressing there sentiments their support that the mining activities there may adversely affect farming activities and other source of livelihood of the residents.

Incidentally, livestock are also sold there. The Binalbagan SB endorsed the resolution to the Sangguniang Panlalawigan.

That’s down the line of Board Member Emilio Yulo III, chairperson of the SP environment and natural resources committees.

He had earlier proposed a resolution requiring the mandatory consultation by national agencies, and various other government covered and attend and government-controlled corporations with local residents in planning and implementing project and programs with social and ecological impact in the province.

* * *

Of course, it may be illusory – the return of peace and order in Calatrava town. But any given can happen again.

But, perhaps, it is time that the New People’s Army heed the statement by Col. Oscar Lactao, 303rd Infantry Brigade Commander who reportedly said the military does not want to use their gun because there is no winner in an armed conflict.

Residents of Calatrava’s hinterland barangays have been affected by the series of engagements between the insurgents and the 30rd “Brigade and Scout Rangers.

That rise in tensions and gunfire in these areas have affected the livelihood farmers and have converted their families into cowering people, watching every development that could affect their very lives.

If only for that, we hope that the NPA will finally slow down their activities in Calatrava and the other areas of Northern Negros Occidental.

Imagine, for every soldier killed, how many families have been affected and traumatized. And the amount of money spent for ammunition and the treatment of the wounded including civilians caught in the crossfire.

It’s not worth it.*

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