Hotel wins latest round in lot dispute with city

CEBU, Philippines - The Regional Trial Court has denied the motion of the Cebu City government to dismiss the petition for certiorari and prohibition filed by the Waterfront Cebu City Casino Hotel Inc. over a matter involving a lot near the hotel.

Judge Alexander Acosta denied the motion of city legal officer Gerone Castillo to move for the dismissal claiming the case was prematurely filed for failure to exhaust all administrative remedies.

In their oral argument, Castillo questioned the jurisdiction of the court and the petition filed by the hotel through lawyer Edmund Villanueva. He added that there is nothing to restrain, as sought by the hotel.

“The petition is insufficient in form and in substance. The petitioner failed to exhaust all administrative remedies. This petition should fail,” he said, adding the petition was prematurely filed.

Villanueva countered the statements of Castillo, saying contrary to what Castillo said they did exhaust administrative remedies by sending letters to the Office of the Mayor and the City Council asking for records in relation to Lot 917 with 2,357 square meters owned by the city government. However, they were denied access to records.

Acosta likewise, denied the motion of the city government questioning court’s jurisdiction over the case.

Villanueva told the media after the hearing that they appreciate the decision of the court for agreeing with their position. He also said he asked the court to summon the city government Commission on Audit resident auditor to appear before the court to testify.

Castillo told the media that they will appeal the decision of the court. He maintained that the court has no jurisdiction over the case.

Earlier, the hotel asked the city government to hold in abeyance the contested lot citing the city government failed to comply with the requirements laid down under Section 79 of the State Auditor Code of the Philippines which requires that the notice of bidding should be advertised by printed notice for not less than three consecutive days.  â€”/BRP (FREEMAN)