CEBU, Philippines - The lawyer, who assisted the complainant in the civil case against the Cebu City Council over the controversial deal involving the South Road Properties, has clarified that there was nothing political in the case.
Lawyer Janice Lape said her client acted in his personal capacity and was not supported by any politician in asking the court to stop the city government from spending the P8.35 billion paid by the winning bidders for the 45.2-hectare SRP lots.
Being a “resident and taxpayer” of the city, Romulo Torres filed on Thursday a civil petition for declaratory relief, injunction with prayer for temporary restraining order and writ of preliminary injunction against Vice Mayor Edgardo Labella and the City Council members before the Regional Trial Court.
Torres, a resident of Barangay Basak San Nicolas, said the resolution passed by the City Council authorizing Mayor Michael Rama to dispose of a 45.2-hectare property at the SRP is null and void as it violated City Ordinance 2332, “An Ordinance protecting the South Road Properties and its Stakeholders from Unlawful and Unauthorized Transactions and Dealings.”
Former Prosecutor
Lape said that Torres is a lawyer and was former assistant city prosecutor who was dismissed from the service in 1993 after he was found guilty of grave misconduct.
The Department of Justice found Torres guilty for unlawfully manhandling and physically harming a woman suspected to be a swindler using a firearm.
Lape said it is expected that Torres’ past will be dragged into the case. However, she said it has no bearing on his complaint, insisting that the case was “imbued with public interest.”
Vice Mayor Edgardo Labella and City Attorney Jerone Castillo also agreed that the complainant’s past does not have a bearing on the complaint. Although they also believe that the complaint lacks merit.
Labella, also a lawyer by profession, said the complaint should have been filed prior to the transaction and the public bidding.
“His integrity has nothing to do with the case, it should be decided in the case. But, we are confident that the complaint lacks probable. Why only now when the payment has been made? That is what you call as fait accompli,” he said.
“For whatever reason or motive, I just believe that the complaint lacks merits because the resolution and the transaction have been consummated. They should have done that before the bidding,” he added.
Castillo said that the City Legal Office would come in and help the members of the City Council.
“His integrity has no bearing in hearing the case. But, as to the motive, wala gyod ta kahibaw. Basta among stand lang gyod daan kay we are on the side of the law and if you are on the side of the law, you will always feel secure,” he added.— /FPL (FREEMAN)