Dalawampu said she lost her copy of the defense' motion to dismiss the case when she moved to her new office. The defense had provided her a new copy, and Dalawampu said she is set to file her opposition within 10 days.
Last July, Osmeña's counsels filed the motion before the Regional Trial Court Branch 21, arguing that the prosecution was forum shopping as there are two similar cases already filed against the mayor.
One of the cases is now pending at the Regional Trial Court Branch 20.
The respondents were supposed to submit their pre-trial brief but they opted for a motion to dismiss the case, saying that if the court dismisses the case, then there is no need for them to file the brief.
Members of the Cebu 3rd District V-Hire Operators and Drivers Multipurpose Cooperative had filed the case against Osmeña after he ordered the closure of their terminal along P. del Rosario Extension on November 25, 2004 for non-payment of business taxes and operating without business permits, among others.
The hearing of the motion is set for November. - Liv G. Campo