BAGUIO CITY – As the public awaits the feedback of the City Development Council on whether the market development plan is aligned with the city’s development agenda, former congressman and mayor Mauricio Domogan urged those who have a stake at the city public market to assert their right to know the details of the 34 terms of negotiation between the city government of Baguio and SM Prime Holdings Inc. (SMPH).
The terms of negotiation between the market development selection committee and SMPH has been kept under wraps since the two entities started negotiating about three years ago.
Domogan said the selection committee claims to have organized a series of consultations but their continuous refusal to reveal the details of negotiation is a sign that there is no genuine consultation.
“Hindi naman nilalatag yung detalye. Paanong consultation ‘yan?” Domogan told market leaders. He said with the terms remaining confidential, vendors cannot properly negotiate terms that will also benefit them.
Domogan said there is no reason to hide the terms of negotiation because based on the Public Private Partnership (PPP) Law, the original proponent may match the proposal of the challenger.
“Pro-people, pro-Baguio, hindi lang pro-developer”, Domogan said.
Timpuyog ti Baguio member Engr. Ted Tan also gave his opinion regarding the non-disclosure agreement between the selection committee, negotiating team and SMPH.
Citing Section 51 of the PPP Code which governs the city implementation of the PP Law, Tan said the city should be able to justify why the terms should be confidential. He said the PPP Center, the national agency responsible for the implementation of the law, does not allow a blanket claim of confidentiality of information without justification.
“For confidentiality claims on unsolicited proposal documents that are used for other purposes, the claiming entity shall submit to the implementing agency (in this case the local government of Baguio), copy furnished the PPP Center, a table identifying the confidential business information and giving reasons why the information should be treated as confidential.”
