Court junks TRO against Kawit deal, Binaliw landfill

CEBU, Philippines — The Regional Trial Court has denied the temporary restraining order (TRO) sought by the opposition councilors to stop the implementation of the two council resolutions authorizing Cebu City Mayor Tomas Osmeña to enter into an agreement with the Universal Hotels and Resorts Inc. for the P18 billion Kawit Island development project and the special land use permit for the landfill project in Barangay Binaliw.

RTC Branch 10 Judge Soliver Peras found no urgency to grant the TRO prayed for by Councilors Jose Daluz III, Jocelyn Pesquera, Raymond Alvin Garcia, Pastor Alcover Jr., Erik Miguel Espina, Joel Garganera, Renato Osmeña Jr., and Eduardo Rama Jr. in their petition to nullify the two resolutions.

“Evaluating the arguments raised by the parties, it is the considered opinion of this court that there is no urgent need nor any irreparable damage that the petitioner may suffer as a consequence of the action of the respondents necessitating the issuance of a temporary restraining order,” read the court order dated October 9, 2018.

The opposition councilors filed the civil case against the mayor and his allies in the City Council—Councilors David Tumulak, Margarita Osmeña, Sisinio Andales, Eugenio Gabuya Jr., Alvin Arcilla, Mary Ann Delos Santos, Jerry Guardo, Franklin Ong, and Joy August Young. Also impleaded in the petition were the UHRI and Geofry Abrohuena, representative of the Binaliw landfill project.

Garcia said they do not consider the denial of their application for TRO as setback. He said the court has yet to rule on the main petition, which he said is more important.

“For me, it’s not a setback for the case kay they have to rule on the merits which is more important than just the temporary restraining order,” Garcia said.

Garcia said they will wait for the court to rule on the merits of their main petition.

Cebu City Legal Officer Joseph Bernaldez welcomed the denial of the TRO.

“It only shows that their application for TRO is untenable,” Bernaldez told The Freeman in a text message.

Bernaldez believes that the court will not nullify the two resolutions “validly” approved by the majority of the members of City Council.

“This is good news for everyone. It’s all systems go for the 18-B Kawit Island Project and the more than 5,000 jobs for Cebuanos,” said lawyer Amando Ligutan, legal counsel of Bando Osmeña Pundok Kauswagan.

The respondents earlier sought the dismissal of the case for lack of merit and for allegedly violating the non-forum shopping rule.

The respondents said that the complainants are guilty of violating the rule because of their failure to inform the court of a similar case involving the same issue now pending before Judge Generosa Labra in RTC Branch 23.

Peras has ordered the petitioners to file their reply to the memorandum submitted by the city government praying for the dismissal of the complaint for violation of the rule on non-forum shopping within 10 days from receipt of the order. (FREEMAN)