The Fuente Osmeña fountain. (CDN PHOTO/TONEE DESPOJO)
Former Cebu governor and congressman Pablo Garcia called on the provincial government to file a motion for reconsideration on a Regional Trial Court (RTC) ruling affirming Cebu City’s ownership of Fuente Osmeña Circle.
Garcia wrote a letter to Provincial Legal Officer Orvi Ortega yesterday urging him to file a notice of appeal on the case.
Last August, RTC 23 Presiding Judge Generosa Labra upheld the Cebu City government’s ownership of Fuente Osmeña Circle in its decision on the civil case filed by the provincial government in 2007 for Quieting of Title and Recovery of Possession.
Garcia said the court’s decision is absurd and ridiculous, adding that the lot where the Fuente Osmeña Circle is located was bought by the provincial government.
He said the Davide administration should at least protect the properties of the province.
Garcia said it has been reported in the media that Cebu Gov. Hilario Davide III is not keen on filing a motion for reconsideration.
“The Governor is not the province of Cebu. And the province of Cebu is the plaintiff . . . in this case and that the filing of the case was authorized by the Provincial Board. The Cebu Provincial Legal Officer, on record, is the Counsel of the Province of Cebu,” Garcia said.
GARCIA
Thus, the “judgment call” on whether to file a motion for reconsideration or a notice to appeal is “absolutely and exclusively” with the office of the Provincial Legal Officer, Garcia said.
“In a manner of speaking, the buck stops there,” Garcia said.
The provincial government has only until tomorrow, September 8, to file a reconsideration or an appeal to the Court of Appeals before the expiration of the 15 day reglementary period.
Garcia said if Davide and Ortega will not file the motion for reconsideration, it is tantamount to dereliction of duty on their part as provincial government officers.
When asked if he will file a case against Davide if the governor doesn’t file for an appeal, Garcia said, “We will cross the bridge when we get there”.
Sought for his comment, Ortega said he can only act on the governor’s order.
“If the governor would say it is not anymore his desire to pursue the case like appealing the decision, then we cannot do more than what the client would desire,” Ortega said.
The provincial legal officer also said Davide, as the governor, still represents the province.
“So when we file an appeal by the time we would be requiring also the cooperation of the governor,” Ortega told reporters.
Ortega said he will have to talk with the governor when he arrives in Cebu today.
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