A Cebu City judge has dismissed the case filed by former councilor Jose Daluz III against 10 Bando Osmeña-Pundok Kauswagan (BO-PK) councilors in relation to the proposed P2.8-billion first supplemental budget in 2015.
Judge Marivic Trabajo-Daray of Regional Trial Court Branch 17 junked the petition after the prosecution lawyers failed to show up during the pre-trial conference on Friday morning.
The Rules of Court stated that the “failure of the plaintiff to appear when so required shall be cause for dismissal of the action.”
Amando Virgil Ligutan, lawyer of the respondents, said the petition was now good as “dead.”
“We know that the case against the respondents was politically motivated. What’s the point of deliberating SB1 of 2015 when it’s already 2016?” he said.
Ligutan said prosecution lawyers earlier sought postponement of the pre-trial conference, saying that their lead counsel would not be around during the pre-trial conference.
But request was denied by the court.
The executive department sought the passage of SB1, which would allocate additional budget of P2.8 billion — P2.4 billion of which would be used to pay off the balance of the South Road Properties loan.
The SB1 discussion was postponed at least six times, prompting Daluz to file a case of mandamus against the BO-PK councilors, who comprised the majority of the city council.
Named respondents in the case were Councilors Lea Japson, Mary Ann delos Santos, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Nida Cabrera, Alvin Dizon, Eugenio Gabuya Jr., Margarita Osmeña and Nestor Archival.
CDN tried but failed to reach Daluz yesterday for comment.
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