City: Lawsuit ‘malicious, groundless’

CEBU, Philippines - The Cebu City Legal Office has asked the Regional Trial Court to dismiss the “malicious and groundless lawsuit” against City Council members over the South Road Properties due to “lack of merit.”

In an eight-page motion to dismiss, City Hall’s lawyers contended that complaint is merely a calculated move to impede development of the SRP as well as to disrupt the distribution of basic services to the constituents of the city.

“The instant petition is nothing but a malicious and groundless lawsuit with no other purpose but to harass herein respondent, the Cebu City Government, its officials and employees as well as its constituents,” read the motion crafted City lawyer  Jerone Castillo and lawyer Mary Rose Salvatierra.

A certain Romulo Torres filed the civil complaint for declaratory relief, with prayer for temporary restraining order and writ of preliminary injunction against Vice Mayor Edgardo Labella and the City Council members.

Torres asked the court to stop the city from using P8.5 billion revenue derived from the sale of 45.2-hectare portion of the SRP.

He alleged that the City Council resolution authorizing Mayor Michael Rama to dispose the property was “null and void” as it violated City Ordinance 2332 (An Ordinance Protecting the South Road Properties and its Stakeholders from Unlawful and Unauthorized Transactions and Dealings.)

Due to the petition, the Bando Osmeña Pundok Kauswagan-dominated City Council decided to defer the deliberation of the P2.8-billion Supplemental Budget-1 until the court rules on Torres’ petition.

The council’s failure to pass SB-1 prompted City Hall employees last October 7 to stage a protest rally, as the budget ordinance includes their Productivity Enhancement Incentive bonus.

In the petition to dismiss Torres’ complaint, City Hall argued that he failed to point out a specific provision in CO 2332 that was violated by the passage of the resolution.

“It must be underscored that Section 3 of Cebu City Ordinance No. 2332 dated July 18, 2012 expressly authorizes the sale, disposal, transfer or conveyance of lots situated in the South Road Properties through public bidding, provided there is ‘specific approval from the [City Council] of the City of Cebu’,”  read the motion.

“Clearly, SP Resolution No. 13-0418-2014 dated August 13, 2014 is the ‘specific approval’ from the [City Council] required,”  it added.

The city lawyers also pointed out that Torres has no legal standing to file the petition.

Castillo and Salvatierra likewise said that Torres’ petition was not the proper remedy to question the validity of the City Council resolution.

“Declaratory relief as a remedy can only be filed before breach or violation thereof. In the case at bar, the sale or disposal is already perfected and consummated. In fact, partial payment was made,” they said.

They added that Torres likewise failed to notify the Solicitor General about the supposed violation, which warrants the outright dismissal of his petition.  (FREEMAN)