Provincial attorney files appeal over Fuente lot decision

The Fuente Osmeña Circle. (CDN FILE PHOTO)

DESPITE the pronouncement of Cebu Gov. Hilario Davide III about his disinterest in contesting a court decision awarding Fuente Osmeña Circle to Cebu City, the province filed a Notice of Appeal before Regional Trial Court Branch 23.

Provincial Legal Officer Orvi Ortega said he talked with Governor Davide over the phone on Wednesday night and they both agreed to file the Notice of Appeal yesterday, a day before the expiration of the 15-day reglamentary period.

“I understood very well coming from him (Davide) he does not really want nga naa g’yud lalis kung kinsay tag-iya (that there will be a fight over ownership) because for him that belongs to everybody,” Ortega said.

Ortega, however, said that his position as provincial legal officer dictates him to file an appeal.

Furthermore, he said in his personal view, the decision contained several lapses and he was not satisfied with it.

“We want the Court of Appeals (CA) to review the decision whether the RTC is correct or not,” Ortega said.

Last August, RTC 23 Presiding Judge Generosa Labra decided in favor of the Cebu City government and upheld its ownership over The Fuente Osmeña Circle.

The provincial government in 2007, under the term of Gwendolyn Garcia, filed a civil case against the Cebu City government for Quieting of Title and Recovery of Possession.

“I was informed by Atty. Ortega. Although I’m not interested in filing, he said that there are lapses on the decision,” Davide said.

He added that even if they have filed a notice of appeal, it still does not change his personal view not to get into a fight over the ownership of the park.

Ortega said Davide acceded to his position to let the CA review the RTC decision.