City Council orders closure of Jollibee Puericulture PDF Print E-mail
Thursday, 27 July 2017 12:07

By LIZA JOCSON

After approving an application for business operation which passed through several stages,  the Zamboanga government is now ordering the closure of the Jollibee store occupying a portion of the Puericulture compound.

During its regular session last Tuesday, the City Council passed a resolution directing Puericulture President Dr Rodelin Agbulos to cancel the contract of lease the Zamboanga Puericulture Center (ZPC) entered into with Freemont Foods, owner and operator of the Jollibee store.

The resolution was based on a prior recommendation from the City Legal Office for Agbulos to cancel the contract of lease, and ask Freemont to close their store and vacate the Puericulture premises.

It also asked Agbulos to fully account to the City of Zamboanga as administrator of the Puericulture property public funds received as rental under the “illegal and void contract of lease.”

The Contract of Lease refers to the agreement entered into by Zamboanga Puericulture President Dr Rodel Agbulos with Freemont Foods, allocating a portion of the Puericulture compound for the establishment of the Jollibee store.

The City Legal Office accused Agbulos of misrepresenting himself as Administrator of the Puericulture lot “contrary to what is provided in Proclamation No. 121 that the said lot is under the Administration of the city of Zamboanga.”

Lot No. 843-B, with an area of 3,573 square meters was considered as patrimonial property but was withdrawn from sale or settlement under Proclamation No. 121  signed by the President of the Philippines on February 26, 1955.

Under such proclamation, the property was reserved for certain public purposes , which is for “Puericulture Center Purposes” under the administration of the city of Zamboanga.

In its letter to the City Council, the City Legal states: “The Contract of Lease was entered into without prior notice to, knowledge and consent of the City of Zamboanga who is the administrator of the property pursuant to Proclamation No. 121.  The contract is illegal, void and cannot, in any way be validated.”

It further states that Lot No. 843-B, on which the Puericulture compound is located, is a property of public dominion , reserved for public use and outside the commerce of man.  It cannot be the subject of a contract of lease.

The City Legal Office also opined that Agbulos cannot enter into a contract of lease more than a period of one year since such cannot be considered anymore as an act of administration but that of ownership.

The Contract of Lease between Zamboanga Puericutlure and Freemont over a portion of the Puericulture lot is for a period of twenty years, renewable tat the exclusive option of Freemont for another twenty years.  (Liza Jocson)