Now finally, Capitol has decided to release documents relative to the Joint-Venture Agreement, as requested by Tagbilaran City Mayor Dan Neri Lim. But wait, not all the documents requested. Not this time, a Capitol press release showed. In his committee report rendered Friday during the Sangguniang Panlalawigan regular session, chairman on public utilities and franchises Romulo G. Cepedoza recommended that copies of the Minutes of the Approval of the Joint-Venture Agreement (JVA) entered into by the Province of Bohol and the Salcon Group of Companies for the operation of the power and water utilities (PPUD) previously owned exclusively by the province, “be given” to the Sangguniang Panlungsod of Tagbilaran City, as requested. The request from the city council, through Resolution No. 11-95, was addressed to Vice Governor Concepcion O. Lim, in her capacity as the SP Presiding Officer.

Documents recommended for release are the minutes of the SP session dated August 25, 2000 which was presided by then vice governor, and now governor Edgar M, Chatto. Also included is the SP Resolution No. 2000-472 which was passed and approved on that same session day, giving authority to then Governor Rene Lopez Relampagos (now 1 st District Congressman) to enter into a Joint Venture Agreement with Salcon. The Cepedoza Report also provided the information that the JVA pact was signed by then Governor Relampagos and representatives of Salcon, three days after the approval of the resolution, or to be exact on August 28, 2000. The recommendation was approved and seconded by the provincial board in session, without any objection. The SP secretary was then requested to furnish the copies of the SP session’ minutes and the resolution to the Tagbilaran City Council secretary.

NOT THIS ONE

But on the second request, for copies of the JVA contract, the Cepedoza committee opted for another way to resolve the issue. The recommendation was that “the request be referred to the Board of Directors of Salcon Group of companies for their appropriate action”. The request for copies of the contract was addressed to Gov. Edgar M. Chatto through Tagbilaran City Council Resolution No. 11-94 series of 2011, which was endorsed to the provincial board and deliberated by the committee on public utilities and franchises, chaired by Cepedoza. The committee recommendation referring the matter to Salcon was based on an opinion from the Provincial Legal Office now headed by lawyer Mitchell John Boiser, that said “the JVA entered into by the provincial government involves a private investor partner (SALCON Group) which owns majority share”, 70% of the corporation. “As a matter of corporate courtesy, and in accordance with existing corporate laws, rules and regulations, we have to respect the corporate rights of the other party of the joint venture in matters affecting corporate records. The matter can be properly addressed if said request is referred to the Board of Directors of the Salcon Group,” the legal opinion said. The recommendation was approved and seconded without any objection.

DISSENTING VIEW

But after the approval of all the recommendations in the Cepedoza Report, senior board member Dionisio D. Balite asked to be recognized and was given the floor. BM Balite reiterated his view that the JVA documents are public records hence it should be provided to anybody that requests copies of the same. Lawyer-board member Abeleon R. Damalerio, vice chairman of the public utilities and franchises committee made an explanation on the course adopted by the committee; - that the decision to release such requested documents should be accorded to Salcon, citing the same corporate rights of the majority partner of the joint venture. In the JVA corporate structure, the provincial government has become a minority stock holder with only 30% retained shares. BM Balite manifested his apprehensions that the sanggunian has allegedly become a “subordinate” of the governor while reiterating his other concerns raised earlier in a privilege speech delivered in last week’s session.

Damalerio again took the floor and stood disputing Balite’s contentions. Majority Floor Leader Cesar Tomas “Yul” Lopez, in a timely move, then reminded his colleagues that the proceeding has become “out of order”. BM Lopez’s observation came in the middle of the heated exchange between the two lawyer-board members, Balite and Damalerio. It was noted that, under parliamentary rules and procedures, comments or objections should have been manifested as the presiding officer solicits any comment or objection to a motion, after which if there is none, the motion is seconded and declared approved. The two recommendations in the Cepedoza Report were already approved and seconded before Balite requested the floor for his dissenting manifestations. To ease the brewing tension inside the session hall, SP Presiding Officer Vice Gov. Lim calmed Balite, citing the precious time needed for other matters still to be discussed. Having amply accorded BM Balite the floor, Vice Gov Lim then banged the gavel for the floor leader to proceed to the next item in the agenda that day. Board member Damalerio, in conclusion, assured his colleague Balite that all apprehensions for now are merely “speculative” in nature. (With reports: VGO-EDCom)