Questioning SRP sale Gealon says Osmeña has no legal interest

CEBU, Philippines —  Former Cebu City mayor Tomas Osmeña has no legal interest in filing a petition for declaratory relief against officials of the city and the buyers of the 45.5-hectare lot sale at the South Road Properties (SRP).

This was the contention of City Legal Officer Rey Gealon in the memorandum filed by the city to answer the petition that Osmeña has filed.

“The requirements of an action for declaratory relief are as follows: there must be a justiciable controversy; the controversy must be between persons whose interests are adverse; the party seeking declaratory relief must have a legal interest in the controversy; and the issue involved must be ripe for judicial determination,” read a portion of the memorandum of the city.

Gealon said the Court of Appeals, in the Romulo Torres petition, already ruled that Osmeña had no legal interest in the controversy.

The CA denied Osmeña’s motion to intervene on Torres’ case which earlier sought to get an injunction from the court to stop the city government from using the payment of the SRP, questioning the mode of disposal of the 45.2-hectare lot.

Torres alleged that the resolution the City Council passed authorizing then mayor, now Vice Mayor, Michael Rama to dispose of lots at the SRP violated City Ordinance 2332 or the “Ordinance protecting the South Road Properties and its Stakeholders from Unlawful and Unauthorized Transactions and Dealings.”

Torres said Resolution No. 13-0418-2014 did not and could not have amended nor superseded Ordinance 2332 because the rule is a resolution cannot and or supersede an ordinance provided under Article 7 of the Civil Code of the Philippines.

But, the CA already affirmed the dismissal of Torres’ case.

Gealon assailed the alleged defects of the sale as claimed by Osmeña in his complaint.

Gealon said the City Council passed Resolution No. 13-0418-2014 authorizing to dispose of the 45.5-hectare lot sale and that subsequent resolutions of the council did not revoke the authority granted to the mayor in the sale.

“The lack of protest during the bidding process of the SRP lots back in 2015 is indicative of the compliance of the parties to the procedure prescribed in the Local Government Code,” he said.

Gealon said the approval of the Commission on Audit is not necessary when the sale is conducted through public auction, adding that the Philippine Competition Act is not an applicable law considering that the bidding took place before the law took effect.

As for the Supplemental Agreement, Gealon said the Supplemental Agreement merely added terms to the sale and there was no admission in the agreement that the sale of the lots lacked authority from the City Council.

“In conclusion, the City of Cebu and its officials have in their favor substantive and procedural defences as against the allegations and claims in the petition for declaratory relief,” he said.

Gealon added that the petition is also defective for having been filed after there has already been an alleged violation of law.

“There is nothing new in plaintiff Tomas Osmena’s allegations and arguments, but a mere rehash and “cut and paste” exercise of those similar petitions already filed which were either dismissed based on the merits or simply withdrawn,” he added. — GAN (FREEMAN)