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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