Thursday, September 21, 2017

PNOC seeks removal of ‘onerous’ provision in Petron’s property lease



Published September 20, 2017, 10:01 PM By Myrna M. Velasco

State-run Philippine National Oil Company (PNOC) has formally asked leading oil firm Petron Corporation to stamp out a contractual provision in their property lease that had been deemed “onerous, burdensome and disadvantageous” to the government.
PNOC President Reuben S. Lista said he already raised this in several letters to Petron President and Chief Executive Officer Ramon S. Ang, but the state-run firm has yet to receive “definitive response” from the oil company.
In the latest correspondence dated August 31 this year, Lista reiterated the government run firm’s request “to nullify certain provisions of the existing lease agreements that pose a stumbling block before we can proceed to negotiate the renewal.”
That particular provision in the lease contract is on Section 2, which stipulates that “in case the parties fail to come to an agreement, the same terms and conditions shall apply except the initial rental rate for the renewal period shall be the rental rate at the time of expiration plus two percent (2%) thereof and subsequent rental rate shall be escalating by two percent (2%) per annum.”
Additionally, under Section 3, it was stated that “should the lessee (in this case Petron) decide to reduce the area of the leased premises due to business or operational reasons, the rentals shall be reduced correspondingly on a per square meter/per location basis.”
It was further noted “the reduction of rental for each affected property shall be effective on the succeeding month following the receipt by lessor of a written notice regarding the reduction of the leased premises.”
Lista said he already secured an opinion from the Office of the Solicitor General, wherein he was apprised that maintaining the “low price lease” in the contract renewal with Petron shall be placing the government at a losing end.
“We understand that the contract that is set to expire on August 31, 2018 was negotiated during the time that PNOC still owned half of Petron, thus, the very reason for a very low lease price. With regards to this contract, we believe that in the renewal of the lease agreement, PNOC should renegotiate for a higher price,” the correspondence from the solicitor general’s office averred.
Petron’s lease of the PNOC properties for its 24 bulk plants and 67 service stations will expire next year, and the state-run firm is now asking the oil firm to already affirm if it is still interested to renew. Lista, nevertheless, sounded off “I am worried that they may not be interested anymore to renew the contract because they have not answered my letters.”
Given the current deadlock on the matter, he is asking Petron on its plan of clearing up the PNOC sites should it eventually decide to get out from such properties.

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