BOPK dads: Case on sale of SRP lots should continue

CEBU, Philippines — Opposition councilors in Cebu City are not giving up on the case that aims to invalidate the sale of 45 hectares of lots at the South Road Properties (SRP).

Councilors Nestor Archival, Joy Augustus Young, Lea Japson, Alvin Dizon, Eugenio Gabuya Jr., Raul Alcoseba, and Jessica Resch who are allies of former mayor Tomas Osmeña have asked the court to allow them to intervene in the petition of the City Legal Office to withdraw an earlier case of declaratory relief against the sale of the lots.

The case for declaratory relief was filed during Osmeña’s time as mayor, seeking to invalidate the sale during the time of his predecessor, former mayor and current vice mayor Michael Rama in 2015.

But leadership at City Hall changed after the May 2019 polls and the new administration, which is now helmed by Rama’s allies, including Mayor Edgardo Labella, decided to withdraw the declaratory relief case.

But the seven councilors are not giving in.

"Intervenors are peculiarly situated to protest any action and/or transaction that violates the requirement of authority from the City of Cebu's Sangguniang Panlungsod," their joint affidavit reads.

They said they have a legal interest in the matter in litigation and in seeking a ruling on the invalidity and ineffectiveness of the contracts the city has entered into in selling the SRP lots.

“Note that some of the intervenors were members of the City council that mandated then Mayor Rama not to sign the contracts with the SM-Ayala Consortium and Filinvest Group. Despite the City Council resolution telling then Mayor Rama not to sign the contracts, he still signed them. That was an affront to the authority of the City Council at that time. Intervenors would like to make sure their rights are respected by intervening in the case filed by former mayor Tomas Osmeña," said Atty. Fatimah Young, counsel for intervenors.

"Intervenors are firm on the matter: the City Council through a resolution told then Mayor Rama not to sign the contracts. Two days after the passage of the resolution, Rama signed the contracts," she said.

The intervenors stated they need the guidance of the court to determine how to proceed with the development of SRP lots, in particular, on the legality of appropriation of government funds that may be derived from the questioned contracts.

"We feel nga ang sale is disadvantageous to the city. Walay klaro nga documents sa sale. Klaro man kaayo nga walay ordinansa," said Archival, the council's minority floor leader.

"The point that we're finding out is basically the legality of the sale. We find it very important nga among i-fight nga what we feel nga sakto," he added.

City Legal Officer Rey Gealon said the Regional Trial Court has “clearly and categorically” declared as valid the sale of the SRP lots, a ruling that was upheld by the Court of Appeals.

Gealon described the petition to intervene as "merely a dilatory tactic, at best, with no other intention but to delay the proceedings."

"I can only sense their utter desperation to revive a dead legal issue on the SRP sale," Gealon said.

"Why do they have to belatedly intervene in this particular case where the honorable judge has already ordered that the motions to dismiss already filed are now 'submitted for resolution?'... In fact, it is in that same 'order' that the TRO prayed for was denied," he added.

Earlier this month, Osmeña filed graft and corruption cases against Rama and five others before the Office of the Ombudsman still in relation to the sale.

Like his ally councilors, he contended that Rama's act was illegal since two days before the contract signing, the City Council issued a resolution mandating the mayor not to sign the contracts. (FREEMAN)