Rallos heirs asked to comment on motion

CEBU, Philippines - Regional Trial Court acting Judge James Stewart Ramon Himalaloan of Branch 9 ordered the heirs of Rev. Fr. Vicente Rallos and Sheriff Eugenio Fuentes to comment on the motion for reconsideration filed by the City of Cebu.

In the said motion, the City asked for reconsideration of the February 27, 2012 court order directing the two banks to state the correct account numbers under the account name of the City of Cebu.

Himalaloan directed Rallos heirs and Fuentes five days to file their comment and set the hearing on March 20, 2012.

The City of Cebu reiterated that the money judgment must be addressed to the Commission on Audit (COA) as they have the final jurisdiction as to how the decision would be implemented.

“According to the COA letter dated October 27, 2011 addressed to Mayor Michael Rama stated Revised Rules of Procedures of the COA provides that a money judgment is considered money claimed which is within the original jurisdiction of the commissioner proper (CP) of the COA and which shall be filed directly with the Commission Secretary,” the motion reads.

In the said motion, the City asked the court to set aside and nullify the notice of execution sale at public auction scheduled on April 10, 2012. Earlier, Fuentes issued an order for a public auction of the joint venture of the City of Cebu and the Filinvest Land Inc. located at the South Reclamation Project (SRP).

“The notice of execution sale at public auction was improvidently issued and the manner and means by which it was issued and served were simply arbitrary and glaringly attended with malice, evident bad faith and with grave abuse of authority by Fuentes,” the City claimed.

Himalaloan directed the Philippine Veterans Bank and Postal Savings Bank to release a certification to Fuentes within five days from receipt stating the correct account number of the City.

After the release of the certification, Himalaloan directed the Rallos heirs to demand the Sangguniang Panlungsod (SP) of the City of Cebu to immediately pass an appropriation ordinance.

The City of Cebu was directed to pay the Rallos, P133 million as compensation of a property used as public road located in Sambag 1. – (FREEMAN)