CEBU CITY legal officer Joseph Bernaldez has expressed confidence that the two petitions for injunction against the P18 billion Kawit Island development deal will eventually be dismissed.
He said that the filing of the two cases constitute forum shopping which is prohibited in court rules.
On Thursday, Bernaldez appeared before Branch 10 of the Regional Trial Court (RTC) in Cebu City for the hearing of the petition for the issuance of a writ of injunction filed by United Barug Team Rama allies.
The opposition group wanted to stop the implementation of the Joint Venture Agreement (JVA) that will allow the development of an integrated resort project on Kawit Island.
Another petition for injunction filed by Busay Barangay Councilman Amilo Lopez, an opposition ally, is also pending before Branch 23 of the Cebu City RTC.
But United Barug Team Rama counsels – lawyers Rey Gealon, Floro Casas Jr. and John Jigo Dacua – maintained that their case should be treated differently from the one filed by Lopez since these are two different complainants that express different assertions.
Branch 10 Presiding Judge Soliver Peras gave both camps five days to submit their position papers before she rules on the petition for injunction filed by United Barug Team Rama allies.
“I’m almost 100 percent sure. We are confident that our argument will be sustained,” said Bernaldez.
Bernaldez also expressed optimism that even Lopez’ case that is now pending before Branch 23 will also be dismissed as well.