Cebu City Mayor Michael Rama has pulled off an easy victory over Asian College of Technology International Educational Foundation, Inc. (ACTIEF).
A trial judge dismissed the civil charges filed by the private school against Rama due to technical errors in its petition.
In an order dated June 5, Judge Alexander Acosta of the Regional Trial Court (RTC) Branch 9 in Cebu City cited ACTIEF’s failure to inform the court regarding another pending case between the school and the mayor–a violation of the rule on forum shopping.
“After evaluating the oral arguments of the counsels of the parties, the Position paper and memorandum submitted by the parties, this court finds no basis to proceed with the hearing of the instant petition…,” the judge said in his ruling issued last Friday.
He cited a ruling of the Supreme Court which prohibits forum shopping or the act of filing multiple suits involving the same parties for the same cause of action either simultaneously or successively.
Last May 29, ACTIEF, two scholars and two parents filed a civil case for mandamus against Rama to compel the latter to continue and enforce the city’s scholarship program with the private school.
However, in its Verification and Certification of Non-Forum Shopping, the ACTIEF lawyers did not disclose that another case involving the Cebu City government and the school is pending in another court.
The city government led by Rama earlier filed a case for declaratory relief against ACTIEF, asking guidance from the court whether or not the city government shall pay the tuition fees of scholars enrolled at ACTIEF.
This case is pending before Judge Ricky Jones Macabaya of RTC branch 5.
Judge Acosta said he could not proceed with the trial on the second case between the parties since he and Macabaya might have different verdicts which will cause confusion in the process.
“In the instant petition, there is no iota of doubt that the rights and interest asserted to, to be declared, enforced, and clarified to by the parties are the same with the petition for declaratory relief sought by herein respondent (Rama) in (the other case), and any decision would indeed affect the rights and interest of the parties,” he said.
The inclusion of two scholars and two parents as petitioners in the second case, the judge said, is irrelevant since the rule against forum shopping does not require absolute identity of the parties.
“A substantial identity of parties is enough to qualify under the first requisite,” Acosta said.
Section 5, Rule 7 of the Rules of Court requires the plaintiff to certify under oath that he or she has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency.
If there is such other pending action or claim, a complete statement of the present status shall be reported to the court wherein his or her aforesaid complaint or initiatory pleading has been filed.
“Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice…,” the rule states.
CDN tried to reach Mayor Rama and Cebu City Attorney Jerone Castillo through the phone yesterday evening but they did not answer the calls.
On ACTIEF’s part, lawyer Pelagio Lawrence Cuison said he expected the court to rule against the school.
“I’m not surprised. During the oral arguments, he kept on questioning us. It’s biased in a way,” he told CDN over the phone.
Cuison begged off from issuing further statements since he has yet to read the 5-page court ruling.
“We have not received the order yet. We have to read the decision (before making any comments),” he said.
Cuison said they will ask the court to reconsider its decision. If denied, he said they might just file another case against Rama.
During the oral arguments last week, Judge Acosta questioned ACTIEF’s lawyers why they did not inform the court regarding another pending case involving Rama and the school.
Cuison and lawyer Tirso Gavero of ACTIEF could not give a definite answer when confronted by the court.
Judge Acosta told the ACTIEF’s lawyers that although the two cases between Rama and the school have different prayers, their effects are intertwined.
ACTIEF sought the court’s intervention to compel Cebu City Mayor Michael Rama to pay the school P136.92 million in scholars’ tuition.
But the mayor expressed apprehension about paying ACTIEF after the Office of the Ombudsman in the Visayas found the school’s founder, Cebu City south district Rep. Rodrigo Abellanosa guilty of grave misconduct for his involvement in the city’s scholarship program that benefited the two schools he owns.
Abellanosa was ordered dismissed from public service in 2014.
But he remains in public office while contesting the decision of the anti-graft office.
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