Case highlights need to help courts further

Saturday, November 19, 2011

WHILE Judge James Stewart Himalaloan used the monthly allowance he gets from the City as a reason to inhibit himself from the Rallos case, leaving City Hall’s motion for reconsideration pending, a consultant to the mayor believes the Rallos controversy would have been avoided had the City’s support for courts been greater.

“Why are we not helping the other albeit less known but equally important components of the court system like the clerks, stenographers, and process servers? For example, a judge can only be as fast in disposing of the courts dockets as the process server can move the court’s processes. Deprive the process server of the means of transportation and the cases will not move,” said Atty. Jade Ponce in an e-mailed statement.

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Computer archive

Ponce said a computer archive that stores court rulings and issuances would have led to the earlier discovery of the Oct. 18, 1940 ruling that incorporated the Sept. 22, 1940 convenio between Fr. Vicente and Margarito Rallos on one side and Numeriana and Victoria Rallos on the opposing side.

The ruling recorded the parties’ agreement to build a road on a parcel of land in Sambag 1 and to donate it to the City Government for public use.

The heirs of Fr. Vicente are claiming that the City took possession of the property in the ‘60s without expropriation. They’ve managed to get P56,196,369.42 in payment via court garnishments. They are now claiming P133,469,962.55 more as “12 percent interest on the interest.”

Ponce said that if the previous administration had assisted the courts in a “more comprehensive manner,” the City wouldn’t be in this situation.

“I’m willing to bet that such a computerized court archives would not have cost as much as the City has lost, and now, potentially, about to lose some more.
Sadly, for all the reputed brilliance of the previous administration, common sense was never its strongest suit,” he said.

Ponce also believes allowances to the judges don’t influence the courts in any way.

No bearing

“How come the City has previously lost several rounds in the long-running court battle with the Ralloses if allowances were truly a factor? Records would show that the City had posted a remarkable record of consistent losses during the administration of Tomas Osmeña. Yet, the City was already providing allowances and assistance to our courts,” he said.

He said the current administration will continue to oppose any further claim over the Sambag 1 lot because “it believes in the merits and justness of its case.”

“It believes in the principle of protecting public funds and securing the welfare and interest of its constituents. The people expect its government to fight for its interest with skill and utmost dedication. The people deserve nothing less than that,” he said.