A photo during the groundbreaking ceremony for the Carbon Market modernization program last March 24, 2021. | Photo courtesy of Cebu City PIO
CEBU CITY, Philippines (UPDATED) — After the Regional Trial Court junked his injunction petition against the Carbon redevelopment project, former Cebu City mayor Tomas Osmeña said he is considering refiling the same case against Megawide and the Cebu City government.
“Minor glitch. Atty. Militar notarized his own affidavit. Considering refiling,” Osmeña told CDN Digital in a text message on Thursday morning, January 26, 2023.
The Regional Trial Court (RTC) Branch 58 in Cebu City dismissed the petition for injunction filed by Osmeña over the Carbon Market redevelopment project.
In a three-page order penned by presiding judge Ma. Lynna Adviento, dated January 3, 2023, the court said that with the infirmity or flaw in the Verification and Certification of Non-forum shopping, Osmeña’s petition will be treated as an “unsigned pleading.”
To recall, Osmeña, in his capacity as a taxpayer and previous mayor of the city, petitioned for a “judicial review, certiorari, prohibition and mandamus with prayer for preliminary mandatory and prohibitory injunction with temporary restraining order)” against the Carbon Market proponents Megawide Development Corp., its implementing arm Cebu2World Development Inc., and the Cebu City government now led by Mayor Michael Rama.
The court, however, questioned why both the petition and the verification and certification for non-forum shopping attached to it are both signed by Osmeña’s counsel, Atty. Benjamin Militar.
Contributed photo
The verification and certification of non-forum shopping certifies that the petitioner has not commenced any other proceeding involving the same issues with any other court or government agency.
The court then cited a case decided by the Supreme Court expounding that a lawyer who prepared the petition is disqualified from notarizing the verification portion of the said petition.
“A pleading required to be verified that contains a verification based on information and belief, or lacks a proper verification shall be treated as an unsigned pleading, and as such the petition produced no legal effect. Consequently, the court has no authority to act thereon,” reads a portion of the court order.
Sought for comment, Megawide/Cebu2World welcomed this development.
“We welcome this development and hope that all parties can focus on working together for a better Carbon district,” it said in a statement.
/bmjo
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