Council to monitor all expropriation cases

CEBU, Philippines - The Cebu City Council has asked the City Legal Office for the list of all expropriation cases involving the City Government for information purposes.

The Council, during last Wednesday’s session made the request so it can monitor all expropriation cases that could be a potential ‘Rallos case’ in the future.

Councilor Augustus Pe, Jr., who presided over last Wednesday’s session, said that the Council must know so they do not have to be surprised like what happened to the Rallos case where the council was only informed when the claim has reached P133 million.

In relation to the Rallos case, the council is threatened to be cited for contempt of court if they will not comply with the court’s order on the payment of P133 million to the Ralloses. The court wants the council to do its part in appropriating a budget for the payment.

However, the executive department maintains a position that the City should not pay so there shall be no appropriation for it.  Without the appropriation, there will be no garnishment.

The contempt of court is punishable by five years imprisonment without bail.

The council remains in dilemma on what course of action to take.

The latest move was to ask the guidance of the Commission on Audit, which in Supreme Court Administrative Circular 10-2000, is the proper authority to grant or reject any money claim against the government.

Another expropriation case (City of Cebu vs. Apolonio M. Dedamo Jr.) was made known to the Council last Wednesday which Pe said could be a Rallos case in the making.

Like the Rallos case, it involves millions.

The City Government has lost in the lower courts so it filed a petition for review in the Supreme Court which was denied in 2002. The latest move of the City was the reinstatement of the petition for review on certiorari last December.

The SC required the City to submit a proper verification of the petition and an affidavit of service that satisfies the identification requirements. 

The mayor needs to sign the verification with the corresponding council authority.

The resolution to authorize the mayor to sign the verification was almost deferred had it not been for the deadline.  (FREEMAN)