Gealon: Nothing new in content of Osmeña’s petition for declaratory relief
CEBU CITY, Philippines — There is nothing new in the arguments which former mayor Tomas Osmeña raised in the petition for declaratory relief which he filed in court to stop the sale of 45-hectares of the South Road Properties (SRP) to the SM-Ayala and Filinvest consortium.
Atty. Rey Gealon, the Cebu City Legal Officer, said that Osmeña’s arguments were a mere rehash of the petition for declaratory relief which private complainant Romulo Torres filed in 2015 hoping to also stop the sale of the property to the consortium. The petition was already dismissed by the Court of Appeals (CA).
“There is nothing new in plaintiff Tomas Osmena’s allegations and arguments, but a mere rehash and ‘cut and paste’ exercise of those similar petitions already filed (and) which were either dismissed based on the merits or simply withdrawn,” he added.
Gealon said that Osmeña’s petition for declaratory relied was banking on two main arguments: 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 Panglungsod; and 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 of the lack of prior council approval.
The legal office already received a copy of Osmeña’s petition on Friday, September 6, and is now preparing the city’s official reply.
Gealon said that they will just have to reiterate the CA’s earlier decision to dismiss the petition, which Torres filed, in their reply.
The City Legal Office, Gealon said, also stands by decision of the CA that the sale of the 45-hectare lot was valid and that the city government complied with requirements in the conduct of a negotiated sale with the SM-Ayala and Filinvest consortium.
This early, Gealon expressed confidence that the court will also dismiss Osmeña’s petition.
“Klaro og tataw nga ang tumong og tinguha mao lang gyod ng pagpang-lawgaw sa administrasyong Labella,” Gealon said.
(It is very clear that Osmeña’s purpose for filing the petition for declaratory relief is to agitate the Labella administration),” said Gealon.
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