The Negros Occidental provincial government is opposing a motion by SM Prime Holdings Inc. to file an amended complaint to its civil case seeking to halt the sale and lease of the 7.7-hectare Capitol property in Bacolod City to Ayala Land Inc.

The SMPHI civil case is pending before the Bacolod Regional Trial Court Branch 50. The firm claims that it was the rightful winner of the bid to lease and buy the Capitol property.

In its motion for leave to file an amended complaint, SMPHI said it was doing so because, recently, ALI had announced its intent to seek the implementation of its deed of conditional sale and contract to lease with the provincial government, to the prejudice of its interests.

In its motion, SMPHI is asking that judgment be made declaring the Capitol deed of conditional sale and contract of lease with ALI null and void.

The provincial government, through its lawyer Mary Ann Manayon-Lamis, said in its opposition to the SMPHI move for “lack of merit” that its motion “is obviously intended to further delay the proceedings in the case.”

SMPHI’s amended complaint, if admitted, will result to endless litigation causing injustice to the province of Negros Occidental to the prejudice of the public, it added.

Manayon-Lamis said in an interview yesterday that last Friday, the presentation of rebuttal of evidence on the part of SMPHI was set at Branch 50 but this did not take place because of its new motion.

SMPHI asked for 10 days to comment on the Capitol’s opposition, which the court granted, Manayon-Lamis said.

The presentation of rebuttal evidence has been reset to August 19, she said.

She said this will not hamper ALI’s lease of the Capitol property, only a temporary restraining order or injunction can restrain it.

Manayon-Lamis said she hopes a court decision is made on the SMPHI case this year.*CPG

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