MANILA – The Court of Appeals (CA) has denied an appeal filed by a resort developer against the Bohol provincial government for the development of a 450-hectare of land off Panglao Bay .
In a four-page resolution dated Feb. 15 and written by Associate Justice Nancy Rivas-Palmones, the court affirmed its 2021 ruling on the case and denied for lack of merit the motion for reconsideration filed by the Oasis Leisure Islands Development Inc.
The CA in October 2021 turned down the firm's suit filed against the Bohol provincial government and ruled as void the joint venture development agreement (JDVA) between the developer and the Bohol provincial government over the plans.
The ruling reached the appellate court after the Tagbilaran City regional trial court (RTC) dismissed the case in 2017.
"Since the JDVA is ultra vires (done beyond the power) for non-compliance with substantive requirements of the law, it is void ab initio (from the start). Its performance cannot be compelled through an action for specific performance," the tribunal said.
The court noted that the Sangguniang Panlalawigan covering the transaction merely authorized then Governor Erico Aumentado to negotiate the terms of the JDVA and does not contain any authorization for the local chief executive to actually enter into the JDVA.
The court also noted that the law requires that all reclamation contracts shall go through public bidding. (PNA)
