CEBU City Hall’s legal office is asking the court to deny the motion for reconsideration filed by lawyer Romulo Torres on the inhibition of Regional Trial Court (RTC) Branch 23 Judge Generosa Labra from hearing the case on the use of the down payment for the South Road Properties (SRP) lots.
In a formal comment and opposition dated October 28, City Attorney Jerone Castillo said the city is yet to receive a formal copy of the Torres’ motion for reconsideration.
He said they were surprised when they were informed that another hearing was set last October 23.
The South Road Properties is considered Cebu City’s single biggest growth area.
He said their copy might have been sent through registered mail that’s why they haven’t received it yet. But still, the city hall lawyers asked for the denial of Torres’ petition.
“Petitioner’s Urgent Motion for Reconsideration is a mere scrap of paper which does not deserve judicial cognizance for being in violation of Section 4 and 5, Rule 15 of the Rules of Court,” they said in their comment which was submitted to RTC Branch 9.
They said under the rule, motions should be sent to the other party at least three days before the date of hearing.
Until now, they said they haven’t gotten their copy of Torres’ motion.
Torres earlier filed the motion asking Labra to reconsidere her inhibition from the case, since they’re friends with
Torres. Torres also asked RTC’s branch 9 to remand the documents of the case to branch 23.
Since no copy was officially received by the city hall lawyers, they said Labra’s earlier inhibition should have become already final and executory.
“The issue of voluntary inhibition is primarily a matter of conscience and sound discretion on the part of the judge,” the lawyers also reasoned.
Castillo said it should be Labra’s decision to inhibit from the case or not.
Remanding the case back to branch 23, the lawyers said, would also just delay the case and should not be granted. It was even upheld by RTC Branch 9 presiding Judge Alexander Acosta who said during the October 14 hearing that remanding the case will contradict Torres’ claim of urgency on the case.
“Respondents join the same observation and ask this Honorable Court to treat the present case with dispatch lest public service continues to be hampered and delayed,” they added.
The pending case has resulted in the City Council’s decision to delay the approval of the city’s P2.8 billion Supplemental Budget 1 (SB1), which is to be funded from the P8.3-billion down payment for SRP lots.