CEBU City Mayor Michael Rama sought the dismissal of the civil charges filed against him by the Asian College of Technology International Educational Foundation, Inc. (ACTIEF) in court yesterday.
Cebu City Legal Officer Jerone Castillo, who represented Rama in the case, pointed out the failure of ACTIEF lawyers to inform the court regarding another pending case between the school and the mayor.
He referred to the civil case for declaratory relief filed by Rama against ACTIEF last month which sought court guidance on whether or not the city government should pay the tuition of scholars enrolled at ACTIEF.
This despite an Ombudsman ruling that found ACTIEF owner and Rep. Rodrigo Abellanosa of Cebu City’s south district guilty of grave misconduct for his involvement in the city scholarship program.
The case is pending before Judge Ricky Jones Macabaya of RTC branch 5.
Pending action
Last Friday ACTIEF, two scholars, and two parents filed a civil case for mandamus against Rama.
They are asking the court to compel the mayor to continue and enforce the city’s scholarship program with the private school.
“The issues are intertwined. The parties are the same. But in ACTIEF’s Verification and Certification (of Non-Forum Shopping), nowhere did they disclose that a pending case is at hand,” Castillo said during the oral arguments before Judge
Alexander Acosta of the Regional Trial Court Branch 9 in Cebu City yesterday morning.
Section 5, Rule 7 of the Rules of Court requires the plaintiff to certify under oath that he or she has not commence any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency.
If there is another pending action or claim, a complete statement of the present status shall be reported to the court wherein his or her aforesaid complaint or initiatory pleading has been filed.
“Failure to comply with the foregoing requirements will be cause for the dismissal of the case without prejudice…,” the rule stated.
Castillo said ACTIEF’s failure to inform the court about the other pending case is a “serious violation”.
“What if the other court will order the city to pay ACTIEF, while this court will say no? Which court will we follow? They are co-equal branches of the judiciary,” he said.
Judge Acosta also questioned ACTIEF’s lawyers why they did not inform the court regarding another pending case between Rama and the school.
Manila-based lawyers Pelagio Lawrence Cuison and Tirso Gavero of ACTIEF could not give a definite answer when confronted by the court.
Different causes
Judge Acosta then instructed Cuison to read in open court the provision of the law that requires plaintiffs to disclose other pending cases that involve the same parties and cause of action.