New sheriff to demand payment from city

CEBU, Philippines - The court has assigned a new sheriff to implement the amended writ of execution of the court’s order for Cebu City to pay the heirs of the late Rev. Fr. Vicente Rallos. 

This came after Acting Judge James Stewart Ramon Himalaloan of Regional Trial Court (RTC) Branch 9 decided it is better for Sheriff Antonio Bellones to relinquish his duty in executing the writ of execution and instead process his retirement papers.

Bellones is slated to retire on October 18, 2011.

Lawyer Jeoffrey Joaquino, overall clerk of court of the Regional Trial then amended the writ of execution and assigned Sheriff Eugenio Fuentes Jr. to implement the same.

“You are hereby directed to serve, implement, execute and/or enforce without unnecessary delay the attached amended writ of execution issued, strictly in accordance with its command and or direction and in the manner provided by law and the Rules of Court,” Joaquino’s order reads.

In same order, Joaquino directed Fuentes to submit a progress report within 10 days from receipt of the order.

In the four-page amended writ of execution, Joaquino ordered Fuentes to serve a copy of the judgment debt to the Cebu City government and to demand immediate payment.

“And you demand from said obligor the immediate payment of as follows: P44,213,000 representing the principal amount of just compensation for lots 485-D and 485-E, the affected portions of which have a total area of 4,654 square meters; plus 12% per annum interest thereon from September 2, 2011 until fully paid,” the writ of execution reads.

Joaquino said that if the City of Cebu fails to pay the money judgment totaling P133,469,962.55 in cash, certified bank check or any form of payment, Fuentes will give the city government the option, upon receipt of the writ of execution, to choose from any of its properties to satisfy the money judgment.

The court ordered the city to pay Rallos’ heirs after it used part of Rallos’ property as a road without just compensation.

The city government also needs to pay Rallos’ heirs P50,000 for attorney’s fees and P50,000 for litigation fees.

The City of Cebu has made a partial payment of P56,196,369.42 from 2001 and 2009.

“Thereafter, you sell so much of the levied properties and deliver its proceeds to the plaintiffs herein after all the lawful fees and expenses shall have been duly paid,” writ reads.

The court ordered the City of Cebu to pay the heirs of Rallos P133,469,962.55 for the compensation. This after the property of Rallos was used into public road in Sambag 1.

Two of four banks – the Philippine Veterans Bank and Philippine Postal Bank – with which the city has deposited its funds, manifested in court that the city government has enough funds to make the payment.

Mayor Michael Rama said earlier that the bank account balances are duly budgeted to cover the city’s operating expenditures for personal services, maintenance and other operating cost, capital outlays and continuing appropriations. (FREEMAN)