17 May 2023

25.1314

HONORABLE JONAS C. CORTES

City Mayor
Mandaue Presidencia, Barangay Centro
Mandaue City, Cebu

Attention: ATTY. AUGUST LIZER MALATE

Executive Secretary
Secretariat, Public-Private Partnership for the
People

Re: Request for documents relative to the Proposed

Mandaue 115 Hectares Reclamation Project
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Gentlemen/Mesdames:

During the Public Hearing conducted on 10 May 2023 for

the issuance of Environmental Compliance Certificate for the
Proposed Mandaue 115 Hectares Reclamation Project, Atty.
Jamaal Calipayan (“Atty. Calipayan”) stated that the public may
obtain copies of the documents submitted by the Private
Proponent, Kit Properties, Inc. relevant to the Project.

In view of his statement, we would like to request for

copies of the following documents submitted by the Private
Proponents of the Project and documents issued by the City of
Mandaue in connection with the Proposed 115-hectare
Reclamation Project (“Reclamation Project”):

1. Joint Venture Agreement between the City of

Mandaue and Kit Properties, Inc.;
2. Financial Statements submitted by Kit
Properties, Inc. to the City of Mandaue;

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 3. Minutes of Meetings where details for the
proposed reclamation project are deliberated
upon;
4. Documents showing the track record of Private
Sector Proponent Kit Properties, Inc. in
undertaking projects like the proposed
reclamation project;
5. Unsolicited Proposal by Kit Properties, Inc. for
the reclamation project;
6. Feasibility or Project Study relevant to the
reclamation project;
7. Minutes of the Conference awarding Kit
Properties, Inc. as the Private Sector Proponent
for the reclamation project, as well as the
Notice of Post-Award Conference;
8. Confirmation of NEDA for the reclamation
project, if any; and
9. Contract Management Plan for the planned
implementation of the reclamation project.

Furthermore, DILG Memorandum Circular No. 2022-18

provides that “no project shall be approved by the city/municipal
local government that is not consistent with its duly approved
CLPU, zoning ordinance, CDP, and other section plans.”1 In order
to ensure the compliance of this requirement, we respectfully
request for the following additional documents:

1. Comprehensive Land Use Plan;

2. Comprehensive Development Plan;
3. Local Climate Change Action Plan;
4. Social Development Plan; and
5. Zoning Ordinance.

1
Please see 4.1.1 of DILG Memorandum Circular No. 2022-18.

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 Considering that the documents sought are public
documents which should be on file and readily accessible, 2 we
trust that your good office will positively response to our request.
This request is made for us to know more about the Project
and for purposes of confirmation of the status of the Project as
well as the Proponent’s compliance with legal requirements
therefor.

We respectfully request that the reply be sent to

ACCRALAW Cebu with contact as provided below.

We look forward to and thank you in advance for your

usual prompt and favorable action on our request.

Very truly yours,

ANGARA ABELLO CONCEPCION REGALA & CRUZ

6th Floor, Cebu Holdings Center
Cebu Business Park (Ayala), Cebu City
Tel. No. (032) 2311449
Fax No. (032) 2313614
Email Address: accralawcebu@accralaw.com

By:

EDUARDO V. SOLENG, JR.

evsolengjr@accralaw.com

AYLWARD M. CONSULTA
amconsulta@accralaw.com

THERESE MARIE P. AMOR

tpamor@accralaw.com
2
Under Republic Act No. 6713 or the “Code of Conduct and Ethical
Standards for Public Officials and Employees: all public officials and
employees are under obligation to make “[a]ll public documents accessible to,
and readily available for inspection by, the public within reasonable hours;”
Section 7, Article III of the 1987 Constitution guarantees the right of the
people to information on matters of public concern; Section 3, Executive
Order No. 2, series of 2016 provides that “Every Filipino shall have access to
information, official records, public records, and to documents and papers
pertaining to official acts, transactions or decisions, as well as to
government research data used as basis for policy development.

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CHRISHA VER R. ROMANO-WEIGEL
crromano-weigel@accralaw.com

MICHELLE MAY D. RAMA

mdrama@accralaw.com