CEBU, Philippines - The Municipal Trial Court in Cities has ordered the University of the Philippines-Cebu to file its opposition to the motion to dismiss case filed by the informal settlers in Lahug.
Lawyer Francis Michael Abad of UP said their camp was given five days to file their opposition before MTCC Judge Jenelyn Forrosuelo rules on the case.
The residents asked the court to dismiss the forcible entry filed by the university claiming Corro has no authority to represent or to sue for and in behalf of UP. They also questioned the jurisdiction of the court.
UP-Cebu Dean Liza Corro earlier asked the court to issue an order to stop the settlers from staying in the premises, cease all reblocking activity and stop any and all construction within the lot in Sitio Avocado, Barangay Lahug that is owned by the university.
Meanwhile, UP-Cebu has filed a petition for review before the Supreme Court seeking the reversal of the decision of the trial court to dismiss the university’s injunction case against the Cebu City Government. Abad said the petition was filed on Monday by the Solicitor General.
“Basically we are questioning the dismissal of our case. We argued that dean lawyer Liza Corro has the capacity to represent in the civil case and the court has jurisdiction over it,” he said.
He said Judge Ricky Jones Macabaya of the Regional Trial Court Branch 5 wrongly ruled on their case. Macabaya in his order agreed with the contention of lawyer Carl Vincent Sasuman of the City Attorney’s Office that Corro has no authority to represent or to sue for and in behalf of the university.
According to Macabaya, the authority to sue for and on behalf of the component university on matters within their area of jurisdiction is delegated to the “Chancellor of the autonomous university and not the Dean of the university.” (FREEMAN)