CEBU, Philippines - The Court of Appeals (CA) Special 18th Division moved the scheduled hearing for the issuance of a writ of preliminary injunction filed by the City of Cebu due to the inhibition of one out of three justices on case involving the Rallos lots.
The scheduled hearing was moved to May 23, 2012 instead of yesterday.
In a two-page resolution of Justice Victoria Isabel Paredes, she stated due to the inhibition of Justice Ramon Hernando on April 23, 2012 the case was re-raffled to a new justice on April 24, 2012.
Paredes is the newly assigned justice to handle the case together with Justices Pampio Abarintos and Gabriel Ingles.
“Considering the proximity of scheduling, the fact that respondents have not, as yet, submitted their comment on petitioner’s prayer for the issuance of a writ of preliminary injunction, and to afford the new ponente sufficient time within which to judiciously peruse the case record,” Paredes explained in her resolution.
Yesterday, Mayor Michael Rama and the city lawyers went to the Court Appeals for the supposed hearing as lawyer Jade Ponce said they were not informed about the resetting of the hearing.
Earlier, Rama filed a petition for nullity of judgment before the CA seeking the reversal of a decision that has long been declared as final and executory after finding new evidence, the “convenio- a compromise agreement.”
“The existence of an October 17, 1940 decision of the late Judge Benito Natividad incorporating the Convenio a September 22, 1940 compromise agreement of the Rallos donating lots 485-d and 485-6 to the public and to the Cebu City,” the petition reads.
The defendants of the case were Judge James Stewart Ramon Himalaloan of Regional Trial Court Branch 9, Sheriff Eugenio Fuentes and the Heirs of Rev. Fr. Vicente Rallos.
Rama in his petition asked the CA to declare the judgment debt of P133 million as null and void. P133 million is for the compensation of the Rallos property in Sambag I which is used as a public road.
Rama said they have evidence to prove that the lot was donated based on a court record.He likewise said the judgment debt against the government should be filed before the Commission on Audit (COA) as cited under the law. —
(FREEMAN)