SC junks Rallos’contempt petition vs. city officials

CEBU, Philippines - Citing forum shopping, the Supreme Court of the Philippines has denied the petition for indirect contempt filed by one of the heirs of Rev. Fr. Vicente Rallos against Cebu City officials, including Mayor Michael Rama.

“In view of the foregoing, the instant petition is dismissed. Further, on account of Lucina Rallos’ act of forum shopping, the Regional Trial Court of Cebu City, Branch 14, is likewise directed to dismiss her petition for contempt, docketed as SCA No. CEB-38292, which she filed against the respondents,” the resolution read.

Earlier, Lucina Rallos filed a petition before the court and asked for the citation for indirect contempt against the Cebu City officials and other respondents.

In her complaint, she alleged although there was already an order, directing Cebu City to pay them P133 million for the just compensation of their lot in Barangay Sambag 1 used by the city government as road, the latter still refused to pay them.

The city government, through Rama, contested the said order attaching the newly found evidence, the convenio, which states that the lot was donated by their ancestors to the city government.

For their defense, the respondents sought for the dismissal of the case citing Lucina committed forum shopping.

“…The rules on litis pendentia and forum shopping bar this court from giving due course to Lucina’s petition since there are five other contempt proceedings filed involving the same issues and parties,” the reply of the respondents read.

With the foregoing evidences, associate Justice Bienvenido Reyes ruled in favor of the respondents and denied the petition for lack of merit.

“In the case at bar, no appropriation ordinance had yet been passed relative to the claims of the heirs of Fr. Rallos. Such being the case, the respondents, as public officers, are acting within lawful bounds in refusing the execution of the decisions and orders in Civil Case No. CEB-20388,” she ruled.

Named respondents aside from the Cebu City and Mayor Rama were former vice mayor Joy Augustus Young, re-elected councilor Sisinio Andales, former councilor and incumbent Cebu City south Rep. Rodrigo Abellanosa, re-elected councilors Alvin Arcilla, Raul Alcoseba, Ma. Nida Cabrera, Roberto Cabarrubias, Alvin Dizon, former councilor Ronald Cuenco.

Re-elected councilor Lea Japson, former councilor Jose Daluz III, former councilor and incumbent Vice Mayor Edgardo Labella, re-elected councilor Margot Osmeña, Augustus Pe, Richard Osmeña, Noel Wenceslaso, Eduardo Rama, Jr., Michael Ralota, John Philip Echavez-Po, and lawyers Joseph Bernaldez, June Maratas, Mary Ann Suson, Leslie Ann Reyes, Carlo Vincent Gimena, Ferdinand Cañete, Ismael Garaygay III, Lecel Llamedo and Marie Velle Abella were also named respondents in the case.  (FREEMAN)