Osmeña files petition for declaratory relief against SRP sale

Lawyer Amando Virgil Ligutan, the legal counsel of former Cebu City Mayor Tomas Osmeña. CDN Digital photo | Delta Letigio

CEBU CITY, Philippines—Former Cebu City Mayor Tomas Osmeña has filed a petition for declaratory relief with prayer for temporary restraining order against the sale of a 45-hectare lot at the South Road Properties (SRP).

Lawyer Amando Virgil Ligutan, the legal counsel of Osmeña, said the former mayor filed the case on Monday, September 2, 2019, at the Regional Trial Court in Cebu City. 

According to Ligutan, Osmeña is filing the case because he believes the future of the city depends on the proper investment and utilization of the SRP.

Osmeña argued that the committee on awards in 2015 had no authority to bid out the SRP lots because they it was not authorized by the 13th Sangguniang Pnaglungsod. 

Furthermore, Osmeña argued that then mayor Michael Rama, who entered into a negotiated sale with SM-Ayala and Filinvest consortium in 2015, had no authority to do so because there was no prior approval of the council. 

“The law is clear. There must be a prior approval of the city council before the mayor can transact business,” said Ligutan. 

Ligutan said the contract is illegal and the city’s executives and legislators may face the legal consequences if they continue to use the funds of the sale. 

He warned the city’s officials that the use of the proceeds of an “illegal” contract may tarnish the credibility of the city to enter into other future contracts. 

Osmeña urged the city council to find other funds for the P2.5 billion supplemental budget Mayor Edgardo Labella has asked for the remaining months of 2019. 

The City Council is set to tackle the supplemental budget this afternoon, September 3, 2019. /bmjo