TEN Cebu City councilors requested the court to dismiss the case filed by former councilor Jose Daluz III in relation to the proposed P2.8-billion first supplemental budget in 2015.
The legislators, all of whom belong to the Bando Osmeña-Pundok Kauswagan (BO-PK), said Daluz’s case is “baseless and speculative.”
In their joint comment submitted to the court, the councilors said the case was mooted after the passage of the 2016 annual budget.
To compel them to act on the first supplemental budget, they said, is impractical and unenforceable.
Councilors Lea Japson, Mary Ann de los Santos, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Nida Cabrera, Alvin Dizon, Eugenio Gabuya Jr., Margarita Osmeña and Nestor Archival, however, said they are willing to settle the case with Daluz.
“Petitioner (Daluz) is instituting the instant action as a taxpayer. Corollary, the petition does not involve illegal disbursement of public funds,” they said.
Daluz earlier sought the court’s intervention after the 10 councilors refused to act on the supplemental budget.
The executive branch identified the P8.3-billion down payment for the sale of the lots at the South Road Properties (SRP) as the source of funds for the first supplemental budget.
The BO-PK councilors blocked the minority group’s attempts to tackle the proposed P2.8-billion first supplemental budget, citing a case filed by lawyer Romulo Torres.
Torres asked the court to stop the Cebu City government from spending proceeds of the sale of 45.2 hectares in the South Road Properties (SRP).
He questioned the mode of disposing the lots by public bidding.
Torres said City Council Ordinance No. 2332 which protects the SRP from “unlawful and unauthorized transactions and dealings” excludes the sale or disposal of SRP property by public auction and favors unsolicited proposals.
The Regional Trial Court dismissed the petition of Torres but he elevated it to the Court of Appeals Cebu Station.