Councilman insists he has right court asked to reverse ruling on Kawit project

CEBU, Philippines — Busay Councilman Amilo Lopez sought a reconsideration from the court after his civil case for injunction, which seeks to stop the Cebu City Government and Universal Hotels and Resorts Inc. from pursuing the P18-billion Kawit development project, was dismissed for lack of merit.

 In his seven-page motion for reconsideration, Lopez asked the court to reverse its decision.

“Petitioner, as taxpayer, has a locus standi to file this petition because he has personal and substantial interest in this case, and he will sustain direct injury as a result of a governmental act that is being challenged,” reads a portion of the motion filed last March 7.

Regional Trial Court Branch 23 Judge Generosa Labra earlier dismissed the petition for lack of merit. The court ruled that Lopez failed to satisfy the requisites for injunctive relieve and that he has no legal standing to the reliefs prayed for.

According to the court, Lopez was devoid of any legal standing, there was no irreparable damage sought to be prevented, no urgent necessity for the petitioner to stop the project for lack of interest on his part, and forum shopping.

Lawyer Bernard Inocentes Garcia said there is nothing new in the arguments presented by Lopez in his motion for reconsideration.

“It’s a rehash of old arguments, which the court has already ruled upon in its dismissal order,” he told The FREEMAN.

Lopez earlier asked the court to stop the city government from entering into a Joint Venture Agreement with Universal Hotels and Resorts, Inc. and asked the court to issue a writ of preliminary injunction.

Lopez, in his motion, stated that as a taxpayer and a duly elected official of Barangay Busay, he has legal standing to pursue the filing of an injunction against the P18-billion integrated casino and resort project on Kawit point at the South Road Properties.

Lopez claimed that as a taxpayer he has a right not to be subjected to a “nefarious, erroneous, and disadvantageous” contract that the city and UHRI are undertaking.

He said his inability to attend the preliminary hearing is not evidence that he is no longer interested in pursuing the petition but the unavailability of his lawyer who had to appear before an embassy in Manila.

Lopez denied that he violated forum shopping because the case is allegedly independent from any other cases pending before the court.

A similar case was filed by the members of the opposition in the City Council which is now pending before the RTC Branch 10. The case was filed by Councilors Jose Daluz III , Jocelyn Pesquera, Raymond Alvin Garcia, Pastor Alcover Jr., Erik Miguel Espina, Joel Garganera, Renato Osmeña Jr. and Eduardo Rama Jr. — FPL (FREEMAN)