Court summons Cebu City Council to answer Osmeña’s SRP lot sale complaint

CEBU CITY, Philippines — The Cebu City Council has received a summon from the court to answer the petition for declaratory relief with prayer for preliminary injunction that was filed by former mayor Tomas Osmeña in relation to the 2015 sale of certain portions of the South Road Properties (SRP). 

In a summon sent to the 15th City Council, the Cebu City Regional Trial Court (RTC) Branch 10 called the Cebu City Council, Mayor Edgardo Labella, and the buyers of the 45-hectare property in the SRP to answer the complaint of Osmeña.

On September 2, 2019, Osmeña filed the declaratory relief against the sale of the 45-hectare property within the SRP to challenge the legality of the transaction. 

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

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 city government and its council were given 15 days to answer to the court before the case goes to trial. 

In the regular session of the Cebu City Council on Tuesday, September 17, the legislative body has placed its faith on the City Legal Office to represent the council in court. 

Lawyer Rey Gealon, the city legal officer, said they are ready to answer the allegations in court.

He said he is confident the case will be dismissed. 

“It’s the same case, the same arguments with that of Romulo Torres whose case was dismissed by the Court of Appeals,” said Gealon. 

Gealon said that with such jurisprudence, this new case will follow the same fate as the previous case that was dismissed on May 2019. 

Gealon plans to file their reply to the court within the next few days. / celr