Cebu City seeks denial of appeal vs court verdict on SRP measure

CEBU, Philippines -  The Cebu City Council has sought the denial of the motion for reconsideration filed by Romulo Torres, who wanted the reversal of the court’s earlier ruling over the sale of the South Road Properties (SRP) lots this year.

In a hearing last Friday, the city council asked for the outright denial of Torres’ request, arguing that it failed to comply with Rule 15 of the Rules of Court and that it presented no new arguments.

“It failed to comply with Sections 4, 5 and 6 of Rule 15 of the Rules of Court; and that the motion for reconsideration is only a rehash of the previous arguments in the petition and memorandum of the petitioner,” said the city’s legal counsel.

Through lawyer Janice Lape, Torres filed a motion for reconsideration assailing the joint-order of Judge Alexander Acosta of Regional Trial Court Branch 9 dismissing the civil case for declaratory relief, injunction with prayer for temporary restraining order (TRO) and writ of preliminary injunction they filed.

Torres, a resident of Sitio Panaghiusa, Barangay Basak San Nicolas, Cebu City, questioned Cebu City Resolution No. 13-0418-2014, alleging that it was null and void for being in violation of Cebu City Ordinance No. 2332 (An Ordinance protecting the South Road Properties and its Stakeholders from Unlawful and Unauthorized Transactions and Dealings).

The resolution authorized Mayor Michael Rama to sell the SRP lots to interested and qualified parties.

During the hearing, the city council manifested that it would no longer submit any comment or opposition to the motion for reconsideration filed by Torres.

It, however, said it would adopt its previous comment or opposition during the hearing for the TRO and injunction as well as in their motion to dismiss as part of their comment to the motion for reconsideration.

Following that, Acosta ordered that the motion for reconsideration be submitted for resolution.

Acosta dismissed the civil case for declaratory relief by saying the resolution in question was valid.

“Cebu City Resolution No. 13-0418-2014, vesting authority to the City Mayor of Cebu to negotiate and dispose by sale through public bidding to any interested and qualified parties the City-owned lot known as Lot No. 8…being merely an implementing resolution, cannot be construed to be in conflict with said ordinance. Corollary, there is no iota of doubt that Cebu City Resolution No. 13-0418-2014 is valid,” read his joint-order.

He said that City Ordinance No. 2332 shows that the SP has clearly “expressed its opposition to the sale of property in the SRP” but only “where such sale is for speculation and appreciation of the value of real estate, rather than for the purpose of actively generating income in and from operations in the SRP.”

Hence, he further said, the transactions involving the conveyance of the properties in the SRP were legal and valid.

“It is worth to emphasize that Cebu City Resolution No. 13-0418-2014 has imposed conditions to be complied by the qualified bidders for the purpose of actively generating income in and from operations in the SRP not for speculation and appreciation of the value for real estate,” read the joint-order. —/RHM (FREEMAN)