Cebu City attorney quits over land case

CEBU CITY — Peeved over a P32-million expropriation case where his legal opinion was rebuffed, the city attorney has packed his things and seemed determined in his decision to quit his post.

Unlike last year when he reconsidered his decision to resign after Mayor Tomas Osmeña asked him to stay, this time city attorney Ramiro Madarang opted to leave despite the mayor sitting on his "irrevocable resignation," which he filed last Monday.

"My relationship with Mayor Tom is cordial, characterized by an atmosphere of respect and understanding," Madarang said, adding that his conflicting stand with the mayor on the land case will never affect their friendship.

In what he referred to as his last interview, Madarang told reporters he would be leaving "out of delicadeza" since Osmeña has already named lawyer Ralph Sevilla as officer-in-charge of the city attorney’s office last Tuesday.

Sevilla now handles the city government’s lawsuit against Ciriaco Ortega, whose 2,856-square-meter lot in Barangay Hipodromo was first sought for expropriation in 1994.

Madarang, who used to handle the case, felt slighted when Osmeña chose to ignore his suggestion for the city to pay spouses Ciriaco and Arminda Ortega P32 million for their expropriated lot lest the city be held in contempt.

This, after Judge Generosa Labra, in her Jan. 2 decision, ordered with finality for the city government to pay such an amount to the Ortega couple on or before March 8.

Referring to it as a "bad deal," Osmeña sought the legal opinion of lawyer Raul Bitoon, his consultant for legislative affairs.

Bitoon and lawyers Alan Gaviola and Sevilla told the mayor that there are Supreme Court decisions supporting the city’s stand to withdraw the expropriation case.

As a result, Osmeña allowed Sevilla to handle the case. Sevilla, in turn, filed last Monday an omnibus motion for stay of execution, as well as to withdraw and/or abandon the proceedings of the case.

The city wants to drop the expropriation case against the Ortegas since the assessment of the lot at P11,000 per square meter defeats the purpose of a socialized housing project.

Yet Madarang remained firm he could never be wrong when he repeatedly advised the city to follow the court order to pay the Ortegas, which is already "final and executory."

"I can be very sure that the future will vindicate me. I cannot be committing an error in my decision here," Madarang said, adding that he has successfully handled expropriation cases before he became the city attorney.

Nevertheless, Madarang has only good words for Sevilla, whom he hopes would be effective as OIC of the city attorney’s office. He, however, has only sarcasm for Bitoon.

"You know, you can find all kinds of stars and many Cebuanos already lorded as shining stars. I’m sure he has no more room to compete with our local stars," Madarang said.

Madarang will go back to his private law practice in the law firm of former Justice Hugo Gutierrez. He will be the associate of retired Judge Rodolfo Garcia and former Commission on Elections legal consultant Reynaldo Fereral. — Freeman News Service