Capitol appeals dismissal of case vs Mayor Osmeña

 The province is set to file a motion for reconsideration on the decision of the court, which dismissed the civil case Governor Gwendolyn Garcia filed against Mayor Tomas Osmeña over who indeed has the authority to appoint the members of the Metro Cebu Water District Board of Directors.

Cebu provincial attorney Marino Martinquilla said the province has 15 days to file its appeal after receiving a formal copy of the court’s order Friday last week.

Martinquilla believed the decision of Regional Trial Court Branch 29 judge Bienvenido Saniel is flawed because it is allegedly contrary to the Rules of Court and did not resolve the ongoing dispute over the appointing authority. 

“The dismissal is based on the ground not in accordance with the rule,” Martinquilla said.

Mayor Tomas Osmeña, meanwhile, said the favorable decision of the court is for all residents of Cebu City.

“I’m happy for my constituents in Cebu City.  The province has been trying to bully us with the ridiculous concept that the minority must rule, not the majority, which belongs to Cebu City,” Osmeña said.

On observations the city won based on technicality and not necessarily on substance, Vice Mayor Michael Rama, a lawyer, said it does not matter because it does not change the fact that the city won the case.

“As a lawyer, a winning case is a winning case and we have to receive it that it resulted to that decision…be it technical or substance, the fact that we won is already a victory,” Rama said.  - Joeberth M. Ocao and Mitchelle L. Palaubsanon/BRP