Council told to comment on SRP lot sale case

CEBU, Philippines - The Regional Trial Court has ordered the Cebu City Council to comment on a motion filed by lawyer Romulo Torres in relation to the civil case the latter filed to stop the city from using the money it earned from the sale of lots at the South Road Properties (SRP).

The court earlier denied Torres’ petition for a temporary restraining order, which prompted the lawyer to file a motion for reconsideration. Torres also asked that the case be returned to the sala of Judge Generosa Labra, the first judge to handle the case.

Labra inhibited from the case because of her friendship with Torres, but the lawyer says this reason is not enough.

“Friendship is not necessarily a just and valid ground for inhibition. This case is a citizen and taxpayer’s suit, hence, the personal affiliation of the petitioner and the presiding judge is irrelevant because the legal theory is that the petitioner is representing the multitudes of citizens and taxpayers. In effect, the relief sought is not only personal to the petitioner but affects the rest of the citizens and taxpayers,” Torres said.

Like in the previous hearing of the main case, Torres did not show up in court yesterday.

Torres has asked the court to stop the city from using the proceeds of the SRP lots sale because the resolution the council passed, which allowed Rama to sell the SRP lots, allegedly contradicts a city ordinance that protects the SRP.

The ordinance he cites is City Ordinance No. 2332 or the “An Ordinance protecting the South Road Properties and its Stakeholders from Unlawful and Unauthorized Transactions and Dealings”.

The SRP lots were sold to SM Prime Holdings, Inc.; Ayala Lands, Inc.; and Filinvest Land, Inc. through public bidding.

“…it is the intention of the framers of Ordinance 2332 to promote investments and sustainable undertakings as would actively generate income from the SRP and particularly excluded the sale or disposition of properties in SRP through public auction,” Torres said.

Meanwhile, German Perez, former secretary general of Bayan Muna, has asked the court to allow him to participate in the case.

In his motion for intervention, Perez said he has the personality to intervene as a taxpayer and executive director of Transparency and Accountability for Good Governance Empowerment and Development Inc. — Mylen P. Manto/JMO (FREEMAN)