Gealon asserts: No default committed by city on MCWD case
CEBU CITY, Philippines — The Cebu City Legal Office (CLO) said there was no default committed on the part of the city government over the case filed by three of the terminated board of directors of the Metropolitan Cebu Water District (MCWD).
This, he said, after the MCWD Directors, Ralph Sevilla, Augustus Pe, and Cecilia Adlawan, on their capacities, decided to push through with the case and recently filed a motion to declare the defendants, Cebu City Mayor Edgardo Labella and the Local Water Utilities Association (LWUA), in default for not being able to answer the summons of the court within a given period of time.
City Legal Officer Rey Gealon said this was not the case, because the original case filed by MCWD as plaintiff had been withdrawn by the utility a few days after the LWUA affirmed the termination of the MCWD board.
Yet, he said, since the three terminated board members decided to push through with the case in their personal capacities, the case would be considered a ‘personal redress’ upon its transfer from the Regional Trial Court (RTC) Branch 11 to Branch 7.
“Honorable Judge James Stewart Himalalon of RTC Branch 7 noted that MCWD has already withdrawn from the case, thereby treating this instant case as a mere personal redress of the remaining plaintiffs,” said Gealon in a text message.
Gealon said the actions of the terminated board was separate and distinct from that of the previous plaintiff, MCWD, which already withdrew the petition to nullify the termination of the board of directors.
He said there was no default caused by the defendants since they only received the order of the court to comment on the remaining plaintiff’s case on Thursday, December 18, 2019.
“When the Honorable Court ordered them to amend their complaint, their case is expected to fail as it just drew supposed strength from MCWD as co-plaintiff. We are confident that this case will be dismissed in no time,” said Gealon. /dbs
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