Ralloses to Ombuds: Order city to pay up

CEBU, Philippines - Another heir of Rev. Fr. Vicente Rallos has sought the assistance of the Office of the Ombudsman for the collection of over P130 million from Cebu City as payment for the use of a road lot in Barangay Sambag 2.

Last December 12, a certain Cleta R. Navares of Upper Tabok, Mandaue City wrote a letter request to Deputy Ombudsman for the Visayas Pelagio Apostol, asking for his help to compel the Cebu City government to comply with the final and executory decision of the Court of Appeals dated June 11, 2010.

The CA has ordered the City of Cebu to pay the Ralloses as just compensation for Lots 485-D and 485-E, the amount of P34,905,000 plus interest at 12 percent per annum to start 40 days from date the decision and to continue until the whole amount shall have been fully paid.

Apostol, on December 13, indorsed the letter request of Navarez and the attached documents to Rama for the latter's "information and appropriate action."

The anti-graft office had earlier dismissed the criminal and administrative complaints filed by Lucina Rallos against Cebu Mayor Michael Rama relative to the same case.

Navarez, in her request for assistance, said that the failure and refusal of the City of Cebu to comply with the CA order is "arbitrary, whimsical, capricious, unreasonable, unfair, oppressive and discriminatory," taking into consideration the fact that there is no temporary restraining order or writ of preliminary injunction to stop the implementation of the said decision.

She also said that the city government's failure to comply with the order is improper or inefficient, especially since the judgment obligation of the City of Cebu increases at the rate of almost P900,000 every month until the whole amount of P9,500 per square meter of the affected lots shall have been paid in full.

"Hence, any delay in complying with, obeying and satisfying in full the above-mentioned final and executory decision dated June 11, 2010 is very much detrimental to the City of Cebu and its inhabitants," said Navarez.

Navarez also said that her request requires immediate action because the judgment obligation of the City of Cebu under the final and executory decision of CA, which was affirmed by the Supreme Court, increases by almost P30,000 for every day of delay.

"Other reliefs and remedies as may be just and equitable in the premises are also most respectfully prayed for," she added.

The Ralloses are also eyeing to encourage a taxpayer from Cebu City to file a complaint with the Commission on Audit because the delay in the payment has caused the judgment obligation to unnecessary balloon.

The case stemmed from the complaint filed by the Ralloses against Cebu City before the Regional Trial Court entitled "Heirs of Rev. Fr. Vicente Rallos, et. al., versus City of Cebu."

The RTC on July 24, 2001 rendered a decision fixing the amount or just compensation payable by Cebu City to the Ralloses at P34,905,000 or at P7,500 per square meter plus interest, as part of the just compensation payable, at 12 percent per annum, for 40 days from July 24, 2001 and to continue until the full amount of the just compensation shall have been paid in full.

Cebu City's appeals to CA and to the SC were dismissed prompting the Ralloses to seek execution.

Cebu City claimed that its liability was only about P16 million while the Ralloses insisted that the city owes them P44 million.

The RTC ruled that the amount payable by Cebu City was about P21 million, which was received by the Ralloses without prejudice to the petition filed before the CA.

The CA in its June 11, 2010 decision declared that the RTC was wrong and directed the modification of the order to have Cebu City pay the Ralloses the amount of P9,500 per square meter of the affected lots, plus the interest of 12 percent per annum to be computed 40 days from July 24, 2001.— /QSB (FREEMAN)