Cebu City Gov’t Asks Court to Dismiss Suit on SRP Lots Sale

The Cebu City Council has asked Regional Trial Court (RTC) Judge Alexander Acosta to dismiss the petition seeking to stop the Cebu City government from spending the Php 8.35 billion sale proceeds from the South Road Properties (SRP) lots.

In their position paper, the City Council said the petition filed by lawyer Romulo T. Torres should be dismissed for his failure to state a cause of action.

“There is absolutely no conflict in the manner of selling or disposing the SRP lots,” read the position paper signed by city lawyers Jerone Castillo and Mary Rose Salvatiera.

The case stemmed from the petition for declaratory relief, injunction with prayer for temporary restraining order and writ of preliminary injunction filed by Torres against the City Council members before the Regional Trial Court last Sept. 17.

Torres, who said he filed the petition being a “resident and taxpayer” of the city, asked the court to stop the City government from spending the Php 8.35 billion paid by the three developers that won the bidding for SRP’s 45.2 hectares.

Last Oct. 14, Acosta denied Torres’s plea due to a defect in his petition for declaratory relief and injunction.

He said the lawyer who notarized the petition had an expired notarial commission.

The judge also pointed out that Torres did not cite his willingness to post a bond, should a restraining order be issued.

Last Aug. 13, the city government received the payment after Mayor Michael Rama signed and served the notice of award to the SM Prime Holdings Inc. and Ayala Land consortium and Filinvest Land Inc. (FLI).

The sold SRP lots include Lot 8, comprised of 26 has., and Lots 7 and 17, comprised of 19.2 has. The lots were sold through a public bidding.

In a 9-7 vote, the City Council authorized Rama to negotiate and dispose of 45.2 has. of the SRP through public auction last Aug. 13. (PNA) RMA/EB/EDS