Province can present side in lot dispute case

CEBU, Philippines - In the interest of justice, Judge Simeon Dumdum Jr. of Regional Trial Court Branch 7 has granted the motion for reconsideration filed by the Province of Cebu to be able to present evidence that it owns a lot in Barangay Lahug, Cebu City.

Lawyer Ritchie Capahi earlier filed a motion seeking for the reversal of the court ruling citing them in “default” that they could no longer present additional evidence in the civil case for nullification of deed of exchange.

In his motion, he apologizes to the court and the other party for his failure to appear in the second scheduled pre-trial conference last Feb. 19, 2013.

Because of other duties and responsibilities and pressure of work, he said the scheduled pre-trial conference was “inadvertently” excluded from his calendar of cases.

It was not my intention to cause the delay in the proceedings,” the motion for reconsideration read.

To support, he cited that in fact he was present during the first scheduled pre-trial last Jan. 21, 2013 but it was postponed because of the shooting incident inside the Palace of Justice.

Last year, the heirs represented by Casiano Almario Jr. filed a civil case against the Province of Cebu, represented by suspended Governor Gwendolyn Garcia, for the recovery of Lot 925-A with an area of 4,741 square meters.

The lot was allegedly registered under the name of the Province.

However, in their comment, the provincial government said the complaint filed against them was baseless.

Capahi said the subject lot located along Gorordo Avenue in Barangay Lahug, Cebu City was not transferred under the name of the Province of Cebu but to the City of Cebu.

The pre-trial conference is set on July 23, 2013.  (FREEMAN)