Pagadian City Resolution No. 2022-1500 — Rescinding The Rent-To-Own Contract Entered Into By The City Governme…

RESOLUTION NO. 2022-1500
(Co-Sponsors: Committee on Ways and Means and Committee on Commerce, Trade and Industry and Economic Enterprise and Cooperatives)


"A RESOLUTION RESCINDING THE RENT-TO-OWN CONTRACT ENTERED INTO BY THE CITY GOVERNMENT OF PAGADIAN WITH MR. MARGARITO DUJALI AND WITH MR. AND MRS. MONTASER/NAILA SALIH FOR STALL NO. SF-61 AND STALL NO. TF-29, RESPECTIVELY, AT THE CITY COMMERCIAL CENTER (C3), SITUATED IN BARANGAY SANTIAGO, THIS CITY, AND DECLARING THE SAID STALLS VACANT AND AVAILABLE FOR DISPOSITION TO ANY AND ALL INTERESTED APPLICANT" 

WHEREAS, the City Commercial Center (C3) Board, during its Board Meeting held on 18 January 2022, passed and enacted Resolution No. 010-2022 which, in gist recommended to the Honorable Sangguniang Panlungsod the termination of the Rent-to-Own Contract and Cancel the Award of Mr. Margarito Dujalli for Stall No. SF-61 and Mr. and Mrs. Montaser/Naila Salih for Stall No. TF-29 at the City Commercial Center (C3) and declare the said stalls vacant for failure to fully pay their overdue unpaid stall amortization balances; 

WHEREAS, the C3 Board's recommendation was anchored on the fact that Mr. Margarito Dujali--the Lessee-occupant of Stall No. SF-61--has not shown any interest to settle the long overdue unpaid stall amortization balances despite having received a series of demand letters from the management of the City Commercial Center (C3) while, in the case of Mr. and Mrs. Montaser/Naila Salih for Stall No. TF-29, they had admittedly and explicitly acknowledged that they could no longer pay the unpaid amortization balances; 

WHEREAS, pursuant to Item (1), Sub-Paragraph (m) of Section 1 of Article VIII of City Ordinance No. 2009-288, entitled: "An Ordinance Establishing The Guidelines And Policies Governing The Operation And Management Of The City Commercial Center Of The City Government Of Pagadian And Imposing Penalties For Violation Thereof," provides that the City Government of Pagadian shall also have the right to automatically cancel the award without further notice and forfeit as liquidated damages, the bidders bond and whatever payments made by the client in the event he/she fails to pay any installment or the dishonor of any of the postdated checks issued by the client, without need of notice or demand on the part of the City Government;

 WHEREAS, based on the above-mentioned provision of the Ordinance, this body, through the concerned Committees-to which the matter was initially referred-deems it legally reasonable to approve and adopt en toto the recommendation of the City Commercial Center (C3) Board as enunciated in its Resolution No. 010-2022;

NOW, THEREFORE, on seconded motion of Honorable Troy B. Asugas, be it
RESOLVED to rescind, as this body hereby rescinds the Rent-To-Own Contract entered into by the City Government of Pagadian with Mr. Margarito Dujali and with Mr. and Mrs. Montaser/Naila Salih for Stall No. SF-61 and Stall No. TF-29, respectively, at the City Commercial Center (C3), situated in Barangay Santiago, this city, and declaring the said stalls vacant and available for disposition to any and all interested applicant.



RESOLVED FURTHER, to let copies of this Resolution be furnished the City Commercial Center (C3) Board through Honorable City Mayor Samuel S. Co, in his concurring capacity as Chairman of the C3 Board; and the Manager-City Commercial Center (C3), for their information, guidance and/or appropriate action.

APPROVED UNANIMOUSLY.

I HEREBY CERTIFY to the correctness of the foregoing resolution. 

 
 SAM TYRA F. CO
Verified: Chairman Pro-Tempore, Presiding 

 
 ATTY. TEODORO M. QUICOY
 SP Member/Floor Leader


Attested:
 ELKID P. NACUA
 Secretary to the Sangguniang Panlungsod