In his motion to dismiss dated July 12, Osmeña said petitioner Gina Sanchez has no special power of attorney giving her authority to represent the Cebu 3rd District V-Hire Operators and Drivers Multipurpose Cooperative whose terminal he ordered closed.
Secondly, the case is also "dismissible" as Sanchez is "guilty of forum shopping" because of the two "identical" cases she filed.
In the first special civil case no. 30848 Sanchez named Osmeña, Cebu City Traffic Operations Management chairman Dennis Jabonero, CITOM executive officer Arnel Tancinco and Squatter Prevention and Encroachment Elimination Division leader Christopher Ong as defendants. And for special civil case no. 30874 the defendants were Osmeña, Criminal and Investigation and Intelligence Branch chief Paul Labra and Vicente Mercado of SPEED.
The third reason the petition cited was that Sanchez had "no cause of action" because the copies of the order issued by RTC judge Ireneo Gako Jr. granting the Writ of Preliminary Injunction were "not certified true copies of the original" which is a violation of court rules. This order was said to have been violated by the respondents by closing the terminal earning them the indirect contempt case.
The respondents were represented by lawyers Jerone Castillo and Bryce Ponce of the Cebu City Legal Office.
Members of the Cebu 3rd District V-Hire Operators and Drivers Multipurpose Cooperative, represented by Gloria Dalawampu, asked for P1 million in damages which they claimed was their income since the terminal was ordered closed since last November. - Liv G. Campo