TRO petition for Kawit Island project junked

THE opposition councilors of the Cebu City Council are pinning their hopes on stopping the development of the eight-hectare Kawit Island in the South Road Properties (SRP) on their petition to nullify the resolution authorizing Cebu City Mayor Tomas Osmeña to enter into a joint venture agreement (JVA) with the United Hotels and Resorts Inc.

Councilor Raymond Alvin Garcia said this after the Regional Trial Court in Cebu City dismissed the opposition councilors petition for a temporary restraining order (TRO) against Osmeña and the rest of the BOPK (Bando Osmeña Pundok Kauswagan) councilors to establish an integrated resort on Kawit Island with the UHRI, a Gokongwei-led company.

Garcia, who is also a practicing lawyer, said their party would still have a fighting chance since the court had yet to decide on their petition to nullify the resolution authorizing Osmeña to enter into a JVA with UHRI.

“Essentially what the court was only saying that they denied the TRO since there was no urgent reason to restrain the respondents … but for me, this is not a setback for the case since they have to rule on the merits,” said Garcia.

“And the merits of the case, in my opinion, is more important than the TRO itself. Because we’re requesting for the nullification of the resolution which will also nullify the agreement. So, let’s just wait for the outcome from the court,” he added.

Presiding Judge Soliver Peras of RTC Branch 7 said in his Oct. 9, 2018 decision that he found no urgency in issuing the TRO.

The TRO petition was filed last August as a last ditch effort of the opposition councilors to stop the Isla Dela Victoria project.

Lawyer Amando Virgil Ligutan who is the legal counsel of the BOPK, said they welcomed the decision of the court, and hoped for the P18-billion project to proceed.

“This is good news for everyone. It’s all systems go for the P18-billion Kawit Island Project, and the more than 5,000 jobs for Cebuanos,” said Ligutan.