Judge Felimon R. Consolacion and Cebu politics
In the administration of justice, judges who were the arbiter of the conflicts of litigants at times become Respondents of the cases they resolved or acted upon.
In Cebu, judges were not spared from this political exercise, especially when a litigant is not happy of its decision. One of that judges was Honorable Felimon R. Consolacion, the Presiding Judge of Branch VII of the Court of First Instance of Cebu (now known as the Regional Trial Court). Judge Consolacion who was admitted to the bar on February 4, 1933, before appointed as Judge was City Fiscal of Iloilo.
On August 6, 1965 Governor Rene Espina filed with the Court of First Instance questioning the legality of the ordinance donating several lots of the Province of Cebu in favor of Cebu City. The lots donated were located in Cebu City, Municipalities of Barili, Ronda, Bogo and others.
Made Respondents in the case filed by Gov. Espina were Mayor Sergio V. Osmeña Jr of Cebu City, Board Members Priscillano Almendras, Nazario Pacquiao and other officials. Judge Consolacion granted the petition of Gov. Espina and issued a writ of prohibition against the City of Cebu. On August 16, 1965, the City Government represented by Fiscal Jose S. Amadora filed a motion to dismiss.
When Sergio Osmeña ceased to be Mayor of Cebu City upon filing of his Certificate of Candidacy on September 9, 1965 for Senator, he was replaced by Atty. Carlos S. Cuizon, who became the successor Mayor. Cuizon filed another motion to dismiss which was denied by Judge Consolacion.
The City of Cebu and the Officials of the Province who lost their case against Gov. Espina went to the Supreme Court and questioned the decision of Judge Consolacion, the latter was made Respondent of the case.
The issue was that Judge Consolacion whose sala (Branch VII) was stationed in the Municipality of Barili, Cebu has no jurisdiction to hear the case of the lots in Cebu City. The Supreme Court however ruled that Judge Consolacion was correct in handling the case. It was Justice Dizon who wrote the decision dated March 29, 1971 ruling in favor of Judge Consolacion.
Another case that Judge Consolacion handled, for which his decision was challenged and he made as respondents was the case of the policemen who were appointed by Acting Mayor Pacifico Alpuerto of Dumanjug, Cebu.
The town mayor at that time, Guntrano C. Gica was suspended and the Acting Mayor appointed on May 10, 1966 as policemen: Jesus Galeos, Hipolito Lapay, Adelaido Janea, Iluminado Ugbinar, Geronimo Quirante, Castor Demol, Alejandor Patlingrao, Federico Belonguil, Domingo Sagaysay, Desiero Cantiller and Felipe Arnaiz. The appointment was approved by the Municipal Council.
Mayor Gica who also appointed policemen, whose appointment was disapproved by the Municipal Council questioned the validity of the appointment made by Acting Mayor Alpuerto. The Department of Justice ruled that the acting mayor could not make appointments and the policemen appointed by Alpuerto should be disarmed and dismissed from the service.
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