ILIGAN City ― The Court here has decided on the Temporary Restraining Order filed by BM Marketing, an erstwhile contractor of the “world-class” market located at barangay Palao.
City mayor Frederick Siao, yesterday told reporters that Judge Leonor Quinones of Branch 6, Regional Trial Court of Lanao Norte has ruled that “this Court is not the proper venue” for such a matter This should be taken to the Construction Industry Arbitration Committee (CIAC) who has “exclusive jurisdiction” over disputes arising from or in connection contracts entered into by parties in the construction whether disputes arise before or after completion of the contract or after the abandonment or breach thereof.
To recall, the construction of the said project had a groundbreaking on February 2020 costing over P500 million, and was scheduled to be finished on December 2021. But as of now, it remains unfinished and several extensions were requested by the said contractor and which were also granted under the administration of then-city mayor Celso G. Regencia
Under the Siao administration after the year 2022 extensions another set of extensions were also asked by BM Marketing, the 7th and the 8th. The 7th extension was not specifically denied with the new leadership thinking it over but said contractor interpreted it in the affirmative and then asked for an 8th extension which the Siao administration denied.
Then the Project Implementation Unit came up with documents citing the several lapses in the contract and then Siao formed the Contract Termination and Review Committee which came up with the recommendation of ending the contract between the city and BM Marketing. Among other things, there was an “additional extension of 318 days” making it 858 instead of 548 only days in all.
City legal officer, lawyer Roberto Padilla said the city filed a petition to dismiss such TRO petition by the contractor but was “denied.” However, the said judge at the Regional Trial Court of Lanao Norte who was later identified as Albert Quitos did not grant the dismissal but said he would inhibit himself from the case.
With the said development of the petition which went into the sala of Judge Leonor Quinones, and which ruling was cited at the outset, Siao said the city is toying with the idea of having the city itself finish said project instead of going through again with the process adding that the matter has been “politicized.”
