Court dismisses UP Cebu’s injunction case against Cebu City Hall

UP Cebu lawyers led by Francis Michael Abad (third from left) and Cebu City government’s lawyers led by Carl Vincent Sasuman exchange pleasantries after the hearing in the sala of RTC Judge Ricky Jones last Wednesday.

Judge Ricky Jones Macabaya of the Regional Trial Court Branch 5 has dismissed the injunction case filed by the University of the Philippines Cebu (UP Cebu) against Cebu City Hall over a portion of the lot in sitio Avocado, barangay Lahug that was affected by fire.

In a six-page order, Macabaya ruled that UP Cebu Dean Liza Corro had no authority to file the case on behalf of the school.

He said the property, where the fire site occurred, is registered under the University of the Philippines (UP) and not UP Cebu.

“Based on the foregoing, the court is of the opinion that Dean Liza Corro is not the party in interest nor is she clothed with the authority to file this case for and in behalf of plaintiff University of the Philippines,” he said in his order.

“Therefore the grounds presented warrant a dismissal of this case for the Court cannot acquire jurisdiction over the complainant and for lack of legal capacity to sue under Section 1 (d) Rule 16 of the Rules of Court,” he added.

The order was dated Jan. 14 but was received by the City Legal Office on Friday morning.

City Hall officials welcomed the decision.

“We thank the court for one of the fastest case dismissals we’ve seen so far. Case was filed four days ago. The TRO hearing was two days ago. Today, we got the decision dismissing the case,” said City Hall lawyer Carl Sasuman who was handling the case.

Acting Mayor Edgardo Labella said that even with the decision, City Hall will continue negotiations with the state university.