Terminal seeks denial of city’s inhibition plea

CEBU, Philippines - One Citilink Terminal Inc. is seeking for the denial of the inhibition case filed by the Cebu City government over the facility’s closure.

Through lawyer Ralph Sevilla, the terminal management said the motion for Regional Trial Court Judge Generosa Labra to inhibit from the injunction case “with smack of bad faith and disrespect to the administration of justice.”

“As can be gleaned just like the subject illegal closure order of the defendants, the said motion maybe slain at sight…the defendants motion and the grounds cited thereof is a product of unfounded conjectures, speculations and even malevolent mind which has run out of viable effort and legal grounds to defend the cause and the case of the defendants,” the opposition read.

The Cebu City government, through lawyer Rey Gealon, filed the motion, claiming that Labra showed signs of partiality towards One Citilink Terminal Inc. represented by its manager Felipe Barrientos, Jr.

Labra, during the August 7 hearing, allegedly urged both parties to settle the case out of court.

“In fact, the Honorable Presiding Judge subtly hinted that a temporary restraining order will eventually be issued if no such settlement will be reached despite the glaring fact that there is nothing more to restrain in the instant case considering that the subject closure order was already fully implemented and that there is absolutely no more right on the part of the plaintiff because plaintiff’s business permit already expired on April 20, 2015,” Gealon said.

In yesterday’s hearing, Sevilla asked the court to expunge the motion of the city government, saying this is a mere scrap of paper and is disrespectful to the court.

He said the mere suspicion of the city government is not enough to grant the motion for inhibition because there must be a clear ground.

On July 28, the facility was padlocked upon the order of Mayor Michael Rama.

But Sevilla said by closing the facility, the city government violated its own ordinance.

“This is the same display of disregard abuse of authority and gross violation of no less the constitution and its own ordinance by the defendants when it summarily ordered the illegal closure of plaintiffs’ terminal to the grave peril, prejudice, inconvenience and discomfort not only of the plaintiffs, PUJ/V-Hire drivers and operators, passengers and the general riding public,” the opposition read.

The lawyer is also seeking for the issuance of a temporary restraining order and/or preliminary prohibitory and/or mandatory injunction against the city. —  Mylen P. Manto/NSA  (FREEMAN)