Opposition dads to court: Stop P18 billion Kawit project

CEBU, Philippines — The Sangguniang Panlungsod (SP) minority bloc has asked the court to grant their temporary restraining order and/or writ of preliminary injunction over the P18-billion Kawit Development Project.

Through their counsels, Councilors Daluz Jose Daluz III, Jocelyn Pesquera, Raymond Alvin Garcia, Pastor Alcover, Jr., Erik Miguel Espina, Joel Garganera, Renato Osmeña, Jr., and Eduardo Rama, Jr., earlier filed a declaration of nullity seeking for the nullification of an SP resolution authorizing Mayor Tomas Osmeña to enter into a joint venture agreement  (JVA) with the Universal Hotel and Resort Inc. (UHRI).

Daluz’ camp has questioned the validity and legality of the SP resolution.

In its memorandum, the opposition councillors had asked the court to grant their TRO and/or writ of preliminary injunction, citing there was no valid authorization from the SP.

They claimed there was a "glaring irregularity of the passage of the resolution."

"...it is without doubt that the Sangguniang Panlungsod did not give its imprimatur or authorization for passage of the questioned resolutions," read the memorandum.

Aside from the camp of Daluz, the Cebu City government, through the Office of the City Attorney, also filed their memorandum.

In their memorandum, the city government asked for the dismissal of the case and the denial of the TRO and/or writ of preliminary injunction on the ground of forum shopping.

They claimed the case filed by Barangay Busay Councilman Amilo Lopez, assisted by lawyers Floro Casas and Rey Gealon, involved substantially the same issues in the case filed by the camp of Daluz.

Daluz and others were also assisted by Casas and Gealon.

Daluz and their camp claimed there was no forum shopping because the grounds cited by Lopez were the UHRI was disqualified from entering into a JVA with the city government because it does not have the technical capacity and financial capacity, and the SP did not give its authorization for the mayor to enter into the subject JVA.

While in their case, they were devoid of any basis to convene in a session where they passed the questioned resolutions and that Councilor Dave Tumulak had no authority to preside over the session; and others.

They claimed the grounds raised in the case of Lopez and in their case were different, thus there was no forum shopping.

Also, the Republic Act 8975 mentioned by the city government which states that only the Supreme Court can issue a TRO is not applicable in the P18 billion Kawit Project because RA 8975 covers national infrastructure projects.

"Joint Venture Agreements are governed by the 2008 and 2013 NEDA guidelines, if no applicable ordinance is adopted by the LGU. In the present case, Cebu City had enacted guidelines to government joint venture contracts thru city ordinance 2154," Gealon told the FREEMAN. (FREEMAN)