THE Regional Trial Court dismissed the case filed by former prosecutor Romulo Torres against the Cebu City Council to bar the use of proceeds from the sale of the South Road Properties (SRP) earlier this year.
Presiding judge Alexander Acosta denied several motions filed by Torres and dismissed his petition.
Acosta said there is no conflict between a Cebu City Council ordinance and a City Council resolution which authorized Mayor Michael Rama to sell the two SRP lots through public bidding.
Acosta said the ordinance authorizes prior authorization and not ratification from the City Council on the disposal of the SRP lots.
“The ordinance is merely an implementing resolution and cannot be construed as being in conflict with the ordinance,” the judge said. Acosta also denied Torres’s petition to remand the case to RTC Branch 23 and his motion for reconsideration on the order dated October 1.
Administration officials welcomed the decision.
“There’s no more legal impediment for the city to use the P8.3 billion down payment from the sale of the SRP lots,” City Legal Officer Jerone Castillo said.
Torres’ case has prompted the City Council to suspend the approval of the city’s P2.8 billion Supplemental Budget whose sole fund source is the excess proceeds from the SRP lot sale down payment.