CEBU, Philippines - The pleadings of both parties in relation to the judgment on the Cebu City Government’s debt with the heirs of Rev. Fr. Vicente Rallos were submitted for resolution.
Acting Judge James Stewart Ramon Himalaloan of Regional Trial Court (RTC) Branch 9, after hearing the manifestations of both sides yesterday, did not announce in open court his decision on the motions filed by both parties but said he will decide on it.
Cebu City Mayor Michael Rama said that whatever the decision of the court would be, he will remain humble.
He is ready with whatever the outcome of their motions, he added.
Earlier, the City of Cebu filed motions seeking to quash the writ of execution and to set aside the notice of garnishment against its bank accounts.
This is after the court issued a notice of garnishment against the City of Cebu to pay the judgment debt in the amount of P133,469,962.55 as compensation to the lot in Sambag 1 that is being used as public road.
However, such was vehemently opposed by the City of Cebu, which claims that the subject property was donated by the Ralloses to the City of Cebu in the 1940’s in a one-page compromise agreement.
The City Attorney’s Office likewise said the court cannot garnish the City of Cebu’s accounts because of Commission on Audit (COA) Circular No. 2000-2001 stating that all garnishment and writs of execution must first be filed before the COA.
If rejected by the COA, the claimant can elevate the same to the Supreme Court.
Based on records, Sheriff Antonio Bellones of RTC Branch 9 had already made several garnishments against the public funds belonging to the City of Cebu in 2001, 2002 and 2009.
On 2001 and 2002 the total amount garnished was P34,905,000 and on 2009, P21,291,369.42 or a total of P56,196,369.42.
Meanwhile, the camp of Ralloses had filed a motion to strike out the motions filed by the City, claiming that the order of the court was final and executory. — (FREEMAN)