“Fast, smooth” for P18 billion SRP project

CEBU, Philippines — Since there was no temporary restraining order (TRO) issued, the implementation of the P18-billion project in Kawit Island will now run smoothly, said Cebu City Councilor Eugenio Gabuya Jr., an ally of the present administration.

“I expect the implementation will be fast and smooth legally, wala na obstruction,” he told The FREEMAN yesterday.

Gabuya issued the statement after the court has denied the TRO sought by Busay councilman Amilo Lopez last August 23.

Regional Trial Court Branch 23 Judge Generosa Labra ruled that the action sought for has been rendered “moot and academic” with the formal signing of   the agreement last August 17.

“The act sought to be enjoined in this case, that is, enjoining and restraining the Cebu City Government and UHRI and their agents or any persons acting in their behalf from proceeding with the consummation and implementation of the JVA (Joint Venture Agreement) and from further undertaking any activity related thereto is already a consummated act,” read a portion of the court’s decision dated August 23, 2018.

Gabuya is the one who sponsored the resolution authorizing Mayor Tomas Osmeña to sign and enter into a JVA with Universal Hotels and Resorts Inc. (UHRI) for a project at South Road Properties (SRP).

He admitted that he expected that the court will rule in their favor because Lopez and his legal counsel reportedly did not appear in the scheduled hearing.

He said that good things will happen if it is for the welfare of the city.

“Personally ga-expect gyud ko kay they didn’t appear on the scheduled hearing and their reason I believe is flimsy too,” Gabuya said.

In his petition, Lopez has asked for a TRO because UHRI reportedly does not have the technical capacity to undertake the project provided under the Joint Venture Ordinance; UHRI does not have the financial capacity to undertake the project prescribed under the same ordinance and that the City Council did not give authority for Osmeña to sign the JVA with UHRI officials.

But officials allied with Osmeña strongly believe that the approval of the resolution is valid, since the session was not in fact adjourned last August 8.

The officials added the project is advantageous to the city, since it can generate 5,000 job opportunities to Cebuanos.

Gabuya said the ground breaking ceremony for the Kawit project will possibly happen next week.

In a separate interview, Vice Mayor Edgardo Labella opted not to comment on the merit of the case because the main case is still subject for deliberation before the court.

“Remember the TRO is an ancillary remedy.  It does not dwell on the actual merits of the case.  There is still the hearing of the merits of the case. I would rather not discuss the merits of the case because it would be sub judice,” he said.

Like Labella, his ally, Councilor Raymond Alvin Garcia, has expected that the issuance of TRO will not be granted but for him the battle is not yet over because the court has yet to decide on the main petition.

“That was expected already…Let’s wait for the main case which is the injunction. TRO is just a provisional remedy,” Garcia said. — GAN (FREEMAN)