Reconsider ruling on SRP lot sale, lawyer asks court

CEBU, Philippines – Lawyer Romulo Torres has asked the court to reconsider its order dismissing his case against Cebu City officials over the sale of lots at the South Road Properties.

Through counsel Janice Lape, Torres filed his motion for reconsideration before the Regional Trial Court last Friday afternoon.

Torres pointed out that the decision of the City Council to suspend deliberations on Supplemental Budget No. 1 before the court would rule on his case was a clear indication, if not an admission on the part of the city officials that there exists a "justiciable controversy."

Torres reiterated that the Council's resolution, which authorized Mayor Michael Rama to sell Lot No. 8 or a portion thereof of the SRP runs counter with the city ordinance which prohibits the sale of the property.

"A scrutiny of Ordinance 2332 will reveal that the avoidance of speculators is not the only reason why the policy of not selling was adopted," Torres said.

The ordinance states that for the avoidance of doubt, the current local development plan of the City of Cebu, duly approved by the Sangguniang Panglungsod, does not include the sale or disposition of property in the SRP whether by public auction or otherwise.

It further stated that the City of Cebu intends to continue to allow only such investments and sustainable undertakings as would actively generate income in and from the SRP, whether by public-private partnerships of by direct investment from reliable stockholders.

"Therefore, from the point of view of the Ordinance, it does not matter whether the buyer is a speculator or not. Nowhere can we point out a distinction to such tenor. What is clear is that by prohibiting a sale, speculators and their kind can be avoided. And that is what the Ordinance actually does-prohibit a sale," Torres' motion for reconsideration reads.

As regards the findings of the court that Resolution No. 130418-2014 is merely an implementing resolution of the Ordinance, Torres said it cannot be construed to be in conflict with the said Ordinance and that the same is unwarranted.

Torres explained the resolution authorizes the mayor to negotiate and dispose by sale through public bidding, portions of the SRP lot, whereas the ordinance prohibits any sale, even by public bidding.

"Not only that, the Ordinance specifies the mode by which an interested party can invest in the SRP and that is by presenting an unsolicited proposal," he said.

While the City Council theorized that the ordinance allows a sale for as long as there is a prior authorization from the body, Torres said such authority must be in the form of another ordinance or an amendment of the existing one.

Torres also said the respondents' claim that the resolution was issued strictly in accordance with Ordinance 2332 is incorrect. — Gregg M. Rubio/JMO (FREEMAN)