Citilink terminal closure: RTC junks Cebu City Hall motion for inhibition vs judge

CEBU, Philippines – For lack of merit, the Regional Trial Court has denied the motion for inhibition filed by the Cebu City government against the judge handling the case in the closure of a private terminal here.

Judge Generosa Labra of Branch 23 said in order for an inhibition to be granted there should be a clear and convincing evidence to prove the charge of bias and partiality.

“Bare allegations of partiality and prejudgment will not suffice. Bias and prejudice cannot be presumed especially if weighed against a judge’s sacred obligation under his oath of office to administer justice without respect to person and do equal right to the poor and the rich,” read the order.

The Cebu City government through lawyer Rey Gealon has earlier filed a motion seeking for the inhibition of Labra claiming she show signs of partiality towards One Citilink Terminal Inc. (OCTI) represented by its manager Felipe Barrientos, Jr.

OCTI is the operator of Citilink Terminal along N. Bacalso Ave. which entered into a public private partnership (PPP) agreement with the city government in 2003.

According to Gealon, the judge allegedly urged the parties to settle the case out of court in its August 7 hearing.

“In fact, the Honorable Presiding Judge subtly hinted that a temporary restraining order will eventually be issued if no such settlement will be reached despite the glaring fact that there is nothing more to restrain in the instant case considering that the subject closure order was already fully implemented and that there is absolutely no more right on the part of the plaintiff because plaintiff’s business permit already expired on April 20, 2015,” the motion read.

But OCTI lawyer Ralph Sevillais seeking for the denial of the motion for it is filed “with smack of bad faith and disrespect to the administration of justice.”

“As can be gleaned just like the subject illegal closure order of the defendants, the said motion maybe slain at sight…the defendants motion and the grounds cited thereof is a product of unfounded conjectures, speculations and even malevolent mind which has run out of viable effort and legal grounds to defend the cause and the case of the defendants,” the opposition read.

Sevilla asked the court to expunge the motion of the city government for a violation of the rules.

He said the mere suspicion of the defendants is not enough to grant the motion for inhibition but there must be a clear ground.

With the foregoing facts, Labra said the mere stating to have the case settled out of court during the hearing of plaintiff’s prayer for the issuance of a temporary restraining order (TRO) is not a sign of partiality.

“In the case at bar, the fact that the presiding judge suggested the parties to have this case settled out of court does not show any bias and prejudice on her part in favor of any party in this case. Out of court settlement of a case is the present practice and the parties are referred first to Mediation and Judicial Dispute Resolution (JDR) before pre-trial and trial of the case,” the order read.

Plaintiff has filed the case to stop the city government from enforcing the closure order of the Citilink Terminal, an accredited terminal. They said the act of the defendants of closing the terminal is a violation of their own ordinance.

The members of the Prevention, Restoration, Order, Beautification, Enhancement (PROBE) reportedly padlocked the terminal on July 28 upon the order of Mayor Michael Rama.

Gealon recognized the judge’s decision but said the ruling will not affect their position on the case.

“We respect the order of the honorable judge in denying the motion for inhibition for ‘lack of merit’… It (the decision) is part of the legal process and we abide by it. (But) it has no impact on our legal position and we will move on according to the legal process,” he said in a text message.

The city government, Gealon said, will maintain its stand that a temporary restraining order can no longer be issued as the grounds for issuing such order “are miserably wanting in the case.”

“One Citilink Terminal, Inc., which has been closed and has ceased operations, is no longer suffering from any grave and irreparable injury – an essential ground for a TRO, among others. Under the circumstances, prayer for TRO is moot and academic” he explained.

For the city’s next move, Gealon said the city will file a memorandum to oppose any move to issue the TRO considering that the terminal has been operating allegedly without a business permit.

Earlier, OCTI has filed a civil case before the court against the closure for lack of due process and asked for the issuance of a TRO. —/VLA (FREEMAN)