Compania Maritima (CDN FILE PHOTO)
A MEDIATION has been set on July 31 to explore a possible settlement of the civil case filed by the national government against the City of Cebu in a dispute over the ownership of the Compania Maritima premises.
The case was set for mediation by Regional Trial Court (RTC) Judge Soliver Peras during a hearing last Thursday.
During the hearing, Cebu City Attorney Jerone Castillo asked the court to dismiss the lawsuit because of a major technical lapse.
He pointed out the failure of the Office of the Solicitor General (OSG) to seek the authorization of the Republic of the Philippines in filing the case.
The form for Verification and Certification of Non-Forum Shopping attached to the complaint showed the case was authorized by Cebu Port Authority (CPA) general manager Vice Admiral Edmund Tan.
The same certification said they were filing the case as a “Petition for Review on Certiorari.” However, a certiorari must be filed with the Court of Appeals, not before the RTC.
“So with these (errors), we can’t move forward. We don’t need to discuss further arguments. Let alone, let us dismiss this case outright,” Castillo told the court.
The civil case filed was a petition for injunction with quieting of title by the People of the Philippines represented by the CPA.
The CPA asked the court to stop Cebu City from claiming ownership of the premises of the Compania Maritima, an area of less than one hectare behind the Cebu City Hall, where Mayor Michael
Rama tore down a concrete fence of the CPA three years ago to clear the waterfront view of the Senior Citizens Park. The area near the abandoned pre-war Compania Maritima building was eventually opened up as a parking lot.
Lawyer Manuel Elijah Sarausad of the Office of the Solicitor General (OSG) apologized for the “mistakes” in the attached forms and asked the court to allow them to make the needed changes without having the case dismissed.
Sarausad, a Cebuano who placed sixth in the 2013 Bar Examinations, appeared in court by himself. The complaint was prepared by the OSG led by Solicitor General Florin Hilbay and four other lawyers.
Cebu City Attorney Castillo, however, objected, saying, “This is not an ordinary case. This can’t be corrected by simply saying ‘sorry.’”
He said the errors of the OSG “should not pass the scrutiny of lawyers” especially as they claimed to be representing the national government.
“I hope this is not a misrepresentation. I hope you’re not misleading the court,” he said.
Judge Peras gave the parties 10 days to submit their position papers.
He also set a mediation between the parties on July 31 in line with guidelines of the Supreme Court which seek to put an end to litigation through a compromise agreement between the parties and help solve the problem of clogged court dockets.
In an interview after the hearing, Castillo said the OSG should first secure a consent to sue from Congress.
The CPA wants the court to declare “null and void” the Tax Declaration which was issued by the Cebu city government to claim ownership over the Compania Maritima property.