Court Junks School’s Civil Case Against Rama

A Cebu City Regional Trial Court (RTC) has dismissed the case filed by Asian College of Technology (ACT)/Asian College of Technology International Educational Foundation Inc. (ACTIEF) represented by Dr. Joseph Etephen Descallar, Rhodchel Lhuven Marie Española, Veronica Caballero, Josephine Caballero and Christina Gutierrez against Cebu City Mayor Michael Rama after deciding that the case has no legal ground.

“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 due to the pendency of the petition for declaratory relief,” RTC Branch 9 Presiding Judge Alexander Acosta said in his order.

Cebu City Attorney Jerone Castillo said that while ACTIEF cannot stop Rama from moving the city scholarship to other accredited schools, those who prefer to stay has the option to do so.

“With all humility we are thankful that our position was sustained by the court,” Castillo said.

ACT/ACTIEF is one of the participating schools in the implementation of the Cebu City government’s college scholarship program.

In December 2014, the city government received a billing from ACTIEF in the amount of P26,180,501.25, for city scholars’ tuition fees for the second semester of 2014-2015.

However, the city government hesitated in paying after the Office of the Ombudsman-Visayas found Cebu City south district Representative Rodrigo Abellanosa, the founder of ACT/ACTIEF, guilty of grave misconduct due to conflict of interest.

Abellanosa was ACTIEF president when he signed as city councilor two memorandums of agreement on ACTIEF’s participation in the scholarship program.

The criminal case for anti-graft and corrupt practices act filed against Abellanosa is still pending.

The city government has asked the Office of the Ombudsman for its opinion on the “effects” of Abellanosa’s case on the payment of the school fees of the city scholars’ enrolled in ACT.

The anti-graft office, however, refused to give an opinion, and instead referred the city to the Department of Interior and Local Government.

The DILG, as well as the Commission on Audit, also reserved giving any opinion on the issue, prompting the city to bring the matter before the court.

The city government has filed a case for declaratory relief against ACTIEF, asking guidance from the court whether or not the city will pay the tuition of its city scholars enrolled in the private school.

ACTIEF, on the other hand, filed a civil case for mandamus against Rama to compel him to pay the school and continue the scholarship program with the program.

Castillo however, sought for the dismissal of the case for violation of the rule against forum shopping, as ACTIEF failed to inform RTC Branch 9 regarding a pending case between the city and the school. (PNA) CTB/EB/EBP