Court junks UP Cebu’s bid

By: Jose Santino S. Bunachita, Juli Ann M. Sibi January 16,2016 - 12:41 AM

Labella says City Hall will continue talks with UP on Lahug fire site

The Regional Trial Court (RTC)  dismissed the injunction bid of  the University of the Philippines (UP) Cebu seeking to stop Cebu City officials from allowing fire victims to rebuild in sitio Avocado in barangay Lahug.

Judge Ricky Jones Macabaya of RTC Branch 5 said UP Cebu Dean Liza Corro lacked authority to sue on  behalf of the university.

He also noted that the land is registered under the University of the Philippines (UP) System and not UP Cebu.

The judge cited  minutes of the 1151st meeting of the Board of Regents (BOR) of the UP System, which said that “the authority to sue for and in behalf of the component university on matters within their area of jurisdiction is delegated to the Chancellor of the autonomous university and not the Dean of the university.”

The decision caught UP Cebu by surprise after the court issued an earlier 72-hour temporary restraining order.  As of Thursday, the university was  waiting for the court to grant its petition for a 20-day stop order against City Hall.

UP Cebu Dean Liza Corro, in a telephone interview, said chancellor functions were vested in  her during the 1266th meeting of the BOR.

She said the judge failed to  appreciate that she, as the UP Cebu Dean, has chancellor functions.

City Hall officials welcomed the court decision.

“We thank the court for one of the fastest case dismissals we’ve seen so far. The case was filed four days ago. The TRO (temporary restraining order) 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 City Hall will continue negotiations with the state university over the fate of informal settlers who have started to build temporary structures there after City Hall heavy equipment cleared part of the land and started re-blocking.

Labella said the dismissal of the case gives both parties more reason to pursue negotiations on the relocation of the settlers in Nivel Hills, barangay Busay , a province-owned lot that was offered by UP Cebu.

“In spite of the dismissal, we will continue pursuing negotiations, sit down with them. There is no substitute for a settlement of the problem or the dispute and that would not prolong the uncertainty of the victims. A resolution can be made that will be a win-win solution for everybody,” Labella said.

UP legal counsel and Associate Solicitor Nielson G. Pangan said UP has two options – file a motion for reconsideration or re-file the case with more attachments to prove Corro’s authority.

“If  it is denied again, then there’s a chance we will take it to a higher court,” he said.

Corro expressed dismay over the dismissal, especially after reading newspaper reports that City Hall will not re-block the  site of the recent fire in  Quiot Pardo.

“How come City Hall is treating us differently? Obviously, re-blocking is not ‘standard protocol’ at all. Just because it is privately-owned? It is now obvious where City Hall’s priorities are and it is obviously not with education. This shows how poorly they regard education,” Corro added.

In his order, Judege Macabaya also noted that the fire site in Lahug is registered under the University of the Philippines (UP) System and not UP Cebu.

“The minutes of the Board of the 1151st Regents Meeting also expressly provides that the President of the University System is the only person who is granted to sue for and in behalf of the university,” the order reads.

Corro said they have attached recent BOR policies stating otherwise.

“Any matters that occur in any of the UP properties, the head of that unit where the matter has occurred is the one with the authority to sue and to be sued,” Corro said.

Corro added that the case was filed in behalf of University of the Philippines, without the appendage of Cebu, because the contested property, which is Lot 911 B-2-C-2-E is owned by University of the Philippines, without the name of the location of the university, as stated in the Transfer Certificate Title 31166.

“There is only one University of the Philippines all throughout the country, represented by its different constituent universities, like UP Cebu. Matters happening in Cebu, I represent UP for it.

BOR policies in support of this were attached to the complaint,” she added.

She said that most of the properties where UP campuses can be found are owned by UP without the location appendage on their land titles.

“The whole reason why the case was dismissed was based on a technicality. I shall weigh our options as soon as I and our counsels get to discuss matters following the rule of law, especially in protecting public properties,” Corro said.

UP has also filed a forcible entry case against 74 fire victims who have started rebuilding their houses at the fire site. The case is still pending in court.

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TAGS: Cebu City hall, Lahug, University of the Philippines, UP-Cebu

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