The Development of the Magsaysay Park into a Tourism Park was the first objective of the City in 2004. It then modified on making it a Tourism/Commercial Complex on May2006. The Magsaysay Redevelopment Plan was passed by the council on May of 2006. As a Local Government Unit, it is the duty of every LGU to encourage and create an environment conducive to infrastructure developments and encourage its citizenry to support the vision of the city. Good Governance is based on the vision and mission of any LGU. Good Governance is practiced in the equal application of the law and compliance with the law.

The Rule of Law must be followed with the leader serving with example following the policies laid out by the government. The people then follow as they see that no one shall be above the law. The changing need of the city is constant and we must all respond to it. We must ensure that we create a Dagupan City that is a Model City to live in. Filipinos living abroad are model citizens. They follow the law because they see the law is implemented fairly without it being twisted or bended. That is the objective for Dagupan. “We envision Dagupan City as the premier center of the north for education, information technology, health, commerce and trade, and aquaculture, supported by God-loving, well-informed, healthy, self-reliant, empowered and vigilant citizenry steered by firm, decent and progressive leaders, towards a globally competitive, diversified and environment-friendly economy in a balanced, planned, attractive and safe environment”.
The success of any Local Government Unit shall be dependent on the trust and confidence of its people. The trust and confidence of its people will be translated to their participation in government programs. Recently, the city government has embarked on the Public Governance System that aims to promote understanding of what the relationship of the citizenry and the government should be. The first lesson taught was Participation of the Citizenry, second lesson is Accountability of people in authority, third lesson is Transparency in governance, and the last is Performance and Predictability of the government in its mission and vision.

The recent bidding of the Magsaysay Park has been a challenge to the elected officials of the city. In pursuit of equality and proper implementation of the law there was a division in the Sangguniang Panlungsod on how to deal with the Magsaysay Park bidding to show transparency and accountability.

Magsaysay Park Bidding reviewed.

RDC Requirement prior to bidding was not followed. RDC was issued only by Secretariat of RDC EXCOM on November 28, 2006 after the bidding has been done and a winning bidder was proclaimed. Said RDC EXCOM Resolution prepared by Secretariat shall be ratified by EXCOM once it shall be convened.

Three Bidders responded to the Published Invitation to Bid for the Magsaysay Park Development.
(1)Gamma Construction, (2)JM Feliciano Construction, (3)S&F (Siapno and Feliciano) Realty in Joint Venture with LXS Construction.

Gamma Construction was disqualified.


The two remaining bidders are (1) JM Feliciano Construction and (2) S&F (Siapno and Feliciano) Realty joint venture with LXS Construction.

As per Instruction to Bidders of the City Government of Dagupan specifically for Magsaysay Park,


All Proponents found to have conflicting interests shall be disqualified to participate in the procurement at hand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions.


A proponent may be considered to have conflicting interests with another proponent in any of the events described in paragraphs (a) through (c) and a


general conflict of interest in any circumstances set out in paragraphs (d) through (g) below:

(a) A proponent has controlling shareholders in common with another Proponent;
(b) A proponent receives or has received any direct or indirect subsidy from another Proponent;
(c) A Proponent has the same legal representatives as that of another Proponent for the purposes of this Bid;

(d) A PROPONENT HAS A RELATIONSHIP, DIRECTLY OR THROUGH THIRD PARTIES, THAT PUTS THEM IN A POSITION TO HAVE ACCESS TO INFORMATION ABOUT OR INFLUENCE ON THE BID OF ANOTHER PROPONENT OR INFLUENCE THE DECISIONS of the City Government of Dagupan regarding this bidding process.

This will include a firm or an organization who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project;
(e) A Proponent submits more than one Bid in this bidding process. However, this does not limit the participation of subcontractors in more than one Bid;
(f) A Proponent who participated as a consultant in the preparation of the design or technical specifications of the goods and related services that are subject of the Bid; or
(g) A Proponent who lends, or temporary seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project, if the personnel would be involved in any capacity on the same project.

FINANCIAL PROPOSAL as per requirement to Bidders of the Magsaysay Park that was included in the Instruction to Bidders issued by the City Government of Dagupan. (b1) Proposed tolls/ fees/ rentals/ other charges; and
-Present Worth of the proposed user (Future Tenants) tolls/ rentals/ other charges over the fixed term based on the discounting rate and foreign exchange rate prescribed in the bidding documents in accordance with Section 4.3 of IRR of R.A. No. 6957 as amended by R.A. No. 7718.
(b2) Any other document described in the Terms of Reference.

EVALUATION OF FINANCIAL PROPOSAL included in the INSTRUCTION to Bidders
Assessment and Comparison of the financial proposals of bidders shall be based on the Lowest PRESENT VALUE of the proposed tolls/ fees/ rentals and other charges over a fixed term for the facility to be constructed, rehabilitated, operated and maintained according to the prescribed minimum design and performance standards, plans and specifications. (as basis for the rate of return on investment of the proponent) (present value could be computed basing from cash flows)

JM Feliciano Construction as per SBAC did not meet TECHNICAL BID Requirement and was therefore eliminated.

S&F joint venture with LXS Construction was the only bidder left.

June 14, 2006. To comply with Bid Requirement, JM Feliciano Construction got a credit line of 8million pesos from the same Dagupan Bank as Siapno and Feliciano Realty joint venture with LXS Construction.

As per submitted document, S&F Realty and LXS Construction formed a new juridical personality METROSTATE Realty Corporation on September 4, 2006. It was later registered at the SEC on September 15, 2006. Its paid up capital is 100,000 pesos as per Bank Certificate issued on September 14, 2006.

November 7 opening of the final bid envelope which is the Financial Proposal

November 20, 2006 the SBAC submitted to the Sanggunian Panlungsod during the session the Deed of Undertaking of S&F and LXS transferring their duties and obligations to METROSTATE Realty Corporation which was not yet notarized at the time.

November 20. SBAC submitted S&F and LXS joint venture letter, intending to form themselves into a corporation that is tentatively called METROSTATE Realty Corporation stamped as received on May 16, 2006. September 15, the name METROSTATE Realty Corporation was registered in the SEC. 2:30PM same day, the City Government received all SEC Papers of METROSTATE as per stamped received date.

December 19, 2006 Sangguniang Panlungsod, divided, voted to pass a resolution authorizing the Mayor to enter into a contract with the winning bidder pinpointed as Metrostate Realty Corporation.

The situation of the Magsaysay Park Bidding would be better with a re-bidding to clear all questions surrounding the bidding and to erase all doubts as regards to legality and qualification of the winning bidder.

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