Despite the denial by the Bacolod City government of its request for extension of time, AVM Bernardo Engineering, that operates the city’s Slaughterhouse in Brgy. Handumanan, continued to correct the default and breach of its agreement with the city, its legal counsel Marvin Tañada said.

In his letter dated May 14 to Bacolod Mayor Monico Puentevella, Tañada said the act of AVM Bernardo in pursuing the improvement despite receipt of letters of denial from the Mayor’s Office to their request for more time to correct the default, is grounded on the provision of the memorandum of agreement it had entered with the city.

Tañada said it is worthy to emphasize that there is no provision in the MOA that requires AVM Bernardo to seek prior approval from the city for extension of time to correct the default.

He said this is justified by the fact that this has already been mutually approved by the City of Bacolod and AVM Bernardo on Feb. 7, 2007, the date of the approval of the MOA.

Tañada said the request of AVM Bernardo for an extension of time to correct default is vested in the MOA.

The request for an extension is to give respect and courtesy to the Mayor’s Office, as well as to notify it that they are exercising the right vested by the MOA to correct default if the prescribed 60-day period is not enough, he also said.

Since 2008, this is the first and only instance where AVM Bernardo has received from the city a notice of default which is a clear indicator that it was not remiss in the performance of its covenanted obligations and responsibilities towards the city, Tañada said.

Tañada also pointed out that AVM has been a recipient of an accolade from the city as one of the top taxpayers in the City of Bacolod in 2011 as well as other awards and citations from other sectors and organizations.

As to the P30,000 monthly rental paid by AVM since 2008 to March 15, 2014, this was not done unilaterally, arbitrarily or whimsically, he said.

“Such sum of rental payment was made with the acquiescence, imprimatur and tacit approval of the City of Bacolod, the latter being cognizant and considerate of the plight and economic difficulties confronting AVM in view of the non-operation of its chicken/poultry line,” Tañada added.*CGS

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