Judge inhibits from SRP case against Cebu City officials
A trial court judge backed off from hearing the civil case that seeks to stop Cebu City officials from spending proceeds of the sale of lots in the South Road Properties (SRP).
Judge Generosa Labra said she had to inhibit herself because the petitioner, Romulo T. Torres, “is a close friend”.
With the Oct. 1 order of Labra, she asked that case records be returned to the Office of the Clerk of Court for re-raffling.
She voluntarily inhibited herself invoking Paragraph 2 of Section 1, Rule 137 of the Revised Rules of Court.
The petition for declaratory relief and injunction was first assigned to Branch 23 of the Regional Trial Court.
Torres’ petition was filed as a taxpayer’s suit but the camp of Mayor Michael Rama believes it’s instigated by his political opponent, former mayor Tomas Osmeña, to prevent the city administration from taking credit for projects to be funded by the SRP proceeds.
Torres, who practices law, used to be an assistant prosecutor of Cebu City .
He was dismissed from public service in 1993 by President Fidel Ramos who signed Administrative Order No. 30 for Torres’ dismissal and forfeiture of all benefits after Torres was found guilty of grave misconduct.
The order stemmed from the complaint of a woman, who was manhandled by Torres and threatened with a gun in the house of an acquaintance in Cebu City in Dec. 21, 1990.
Cebu City Mayor Michael Rama said re-raffling the case does not change the fact that there is a pending case against Vice Mayor Edgar Labella and City Council members.
He said the case should not be allowed to interfere with plans to use SRP proceeds to fund obligations including payment of the employees Performance Enhancement Incentives.
Bando Osmeña- Pundok Kauswagan (BOPK) allies in the City Council have refused to give in to the mayor’s request, saying there were serious legal questions surrounding the sale of SRP lots by public bidding instead of an unsolicited proposal.
Councilor Margot Osmeña said now is the best time for the mayor to uphold “the rule of law”, as he often states.
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