Court junks TRO bid vs Cebu City

CEBU, Philippines - The Cebu City government has scored a victory against the Waterfront Cebu City Hotel and Casino, Inc, after the court denied its petition to stop the sale of an idle land near the Waterfront Cebu City Hotel and Casino in Barangay Lahug.

The 2,357-square-meter lot has been sold by City Hall to Hotel of Asia, Inc. for P35,000 per square meter, or around P83.7 million, with Hotel Asia having already given a 50-percent downpayment.

In his two-page order, Regional Trial Court Branch 9 Judge Alexander Acosta did not approve the application for a temporary restraining order Waterfront Cebu City Casino Hotel, Inc. after seeing that “there was no extreme urgency for the court to issue the same.”

“This court is of the opinion and so holds that it cannot grant the application on the ground that at this stage of the proceedings, the court is not convinced that there is an extreme urgency that grave injustice and irreparable injury will arise unless it (TRO) is issued immediately,” he said.

Lawyer Jose Daluz III, Cebu City Committee on Awards chairperson, was elated over the development.

“Indeed, this is a victory. However, this is not a complete victory since the main case is still pending before the court,” he said.

The main case, Daluz explained, is on the allegation of Waterfront that the notice of bidding was advertised two days before the intended public auction sale.

Waterfront alleged that City Hall failed to comply with the requirements under Section 79 of the State Audit Code of the Philippines, which requires that the notice of bidding should be advertised by printed notice for not less than three consecutive days.

In a separate interview, Mayor Michael Rama said he was delighted with the decision, although both he and Daluz have yet to receive their official copies.

The Waterfront management, through lawyer Edmund Villanueva, asked the court to issue a TRO to stop the consummation of the sale of Lot No. 917, which is adjacent to Waterfront Cebu City Hotel and Casino, which has long been interested in the property.

However, the city government awarded the property to Hotel Asia, Inc after it posted a winning bid of P35,000 per square meter, which is P500 higher than the Committee on Award’s recommended floor price. —/RHM (FREEMAN)