City to court: Junk Torres’ motions

CEBU, Philippines - Lawyers of the Cebu City government are asking the court to deny two motions filed by lawyer Romulo Torres in relation to a case Torres filed against city officials over the sale of lots at the South Road Properties (SRP).

These motions are Torres’ request for the court to reconsider its decision denying his petition for a Temporary Restraining Order and his other request to have his case remanded to the branch of the Regional Trial Court that handled it previously.

City Attorney Jerone Castillo, lead counsel of the city officials, said, however, that the order of Judge Alexander Acosta denying the TRO request has become “final and executory and binding upon the parties.”

Torres, in his capacity as taxpayer, sued Vice Mayor Edgardo Labella, and Councilors Nestor Archival, Sr., Margarita Osmeña, Lea Japson, Eugenio Gabuya Jr., Mary Ann de los Santos, David Tumulak, Nendell Hanz Abella, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Ma. Nida Cabrera, Gerardo Carillo, James Anthony Cuenco, Alvin Dizon, Richard Osmeña, Noel Eleuterio Wenceslao and Philip Zapra.

Torres asked the court to stop the city government from using the P8.3 billion proceeds of the SRP sale, stressing that the sale should be through unsolicited proposal as preferred in the City Ordinance and not through public bidding.

While Castillo admitted that the city legal office has not received a copy of the Torres’ motion for reconsideration and motion to remand case, Castillo said these violate Section 4 and 5, Rule 15 of the Rules of Court.

Castillo said every motion required to be heard should be served by the petitioner or the movant in such a manner as to ensure its receipt by the other party at least three days before the date of hearing.

He said lawyers of the city officials sued over the SRP sale did not receive the copies of the petitions nor notice of hearing that is why they failed to attend to the hearing last October 23.

Castillo said Torres’ petitions were filed through registered mail and could not have been received by the city officials or the respondents of the case seasonably.

He submitted the opposition of the motion for reconsideration and motion to remand the case to Branch 23 with reservation that they may be allowed by the court to submit a supplemental comment as soon as they receive a copy of Torres’ motions.

As regards Torres’ request to remand his case back to the court of Judge Generosa Labra, Castillo said a judge may disqualify himself or herself from sitting in a case in the exercise of his or her sound discretion.

Labra earlier inhibited herself from the case because of her personal affiliation with Torres, something that Castillo said is primarily a matter of conscience and sound discretion on the part of the judge. (FREEMAN)