Judge gives up Doña Pepang case

CEBU, Philippines - Regional Trial Court Judge Alexander Acosta has inhibited from the civil case filed by former congressman Tomas Osmeña against the Cebu City government over the issue of Osmeña Mausoleum Property or the Doña Pepang Cemetery.

“In order to prevent and remove any suspicion or doubt or perceived partiality and bias, the undersigned hereby opted to recluse himself from deciding the instant case,” read the order dated August 14.

Earlier, Acosta dismissed the case to stop the demolition of the graves, niches and structures within the Doña Pepang Cemetery for lack of merit. Osmeña, however, filed an omnibus motion for reconsideration before the court which is still pending.

Following his inhibition, Acosta directed lawyer Chevin Vasquez, clerk of court of RTC Branch 9, to transmit the records of the case to the Office of the Clerk of Court for re-raffle.

Osmeña had filed a motion for inhibition, citing Acosta had an “unexplicable resoluteness to dismiss the case.”

Through lawyer Jerone Castillo, Mayor Michael Rama and the City Council sought for the denial of the motion for inhibition.

“Petitioner’s Omnibus Motion for Inhibition… should be denied by the Honorable Court. There is no bias or partiality on the part of the Honorable Presiding Judge, Hon. Alexander Acosta, in any of his rulings or actuations in the instant case,” the opposition read.

Apparently, the opposition failed.

FIGHT CONTINUES

With the inhibition, Osmeña said he is determined to continue fighting for the case.

“I will continue to carry (out) the fight,” Osmeña, who was at the demolition site yesterday, told reporters.

Doña Pepang Cemetery houses the Osmeña Mausoleum, which the former mayor said will be affected by the city’s plan of developing the 9,282-square meter cemetery into a public heritage site.

Osmeña previously expressed his disagreement on the clearing operation since the remains of several members of the Osmeña clan are in the said cemetery.

The city, however, told the court that no tombs will be removed until the owners will be consulted while Rama also assured that the city government will not “touch” the Osmeña Mausoleum.

Osmeña also earlier sought the court’s intervention asking the city to stop from closing the mausoleum, destroying the cemetery, and demolishing the houses of the informal settlers.

Yesterday, he said he just “wants to share the sentiment of the affected families.”

LABELLA HIT

Osmeña did not also miss on slamming Vice Mayor Edgardo Labella for supposedly not making any effort to stop the ongoing demolitions, in spite of his capacity as the acting mayor.

“Nakita na sa batasan ni Edgar Labella… In front of other people, he requested PROBE (Prevention, Restoration, Order, Beautification and Enhancement team) to withdraw the demolition. He is now the acting mayor, why does he have to request (when he can rather give orders)?” said Osmeña.

Rama left the country for Indonesia last September 3 to attend a three-day conference where he will deliver an expert presentation for the group plenary session, specifically on “sustainable urbanization.”

In his absence, Labella is sitting as the acting mayor until next week.

“The vice mayor is the mayor if the mayor is away… He is under the full control (of Rama), his brain is in full control of Michael Rama,” Osmeña said.

But in a separate interview, Labella clarified the city’s demolition team only resumed the demolition of the nine structures as earlier decided upon, as well as the clearing of debris from the structures that were earlier torn down.

He said the remaining structures will not be demolished unless proper relocation is provided for the affected families, as provided under Republic Act 7279 (Urban Development Housing Act).

Castillo, head of the City Legal Office, also came to the defense of the city government.

“The (court) order of the day is that if you do not secure an injunctive rate, a TRO (temporary restraining order) or whatever it is that is injunctive in character, then all actions of the government shall proceed,” Castillo said, even with the other party insisting that the case should be settled first.

“At the end of the day, there was no injunction issued by the court so we can implement the project,” he added.

DELICADEZA

Castillo received Acosta’s inhibition order on Wednesday and noted that there is no other legal basis for the latter to inhibit from the case but only out of “delicadeza.”

“Anyway, to me, whether it is Judge Acosta or any other judge, we are consistent with our position that they have no legal basis for the action… that will be disadvantageous to them because they are seeking an injunction from us,” he said.

On July 14, 2015, the city served a 10-day notice to the families for them to vacate the cemetery premises, particularly those who have built structures on both sides of the chapel in Barangays Carreta and Tejero.

The continuing development plan will lead to the clearing of around 40 structures at the cemetery premises. At least nine structures were already torn down during the initial clearing operations. — Mylen P. Manto and May B. Miasco/JMD (FREEMAN)