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Friday, January 20, 2006
Mayor asks judge to back off from south road closure case
Cebu City Mayor Tomas Osmeña asked Regional Trial Court (RTC) Judge Soliver Peras to remove himself from handling the South Coastal Road case.
Osmeña, along with South Reclamation Project (SRP) Manager Nigel Paul Villarete and City Administrator Francisco Fernandez, said it would be “more prudent” for Peras to take his hands off the case because they no longer trusts his integrity.
The three city officials were named respondents in the civil suit filed by lawyer Alfredo Sipalay, over the closure of the Cebu South Coastal Road last April 8, 2005.
The closure stirred up commuters from the southern part of Cebu because the road cuts travel time.
Peras had ordered the opening of the coastal road to the public on Oct. 17, 2005. But the City officials filed a motion for reconsideration, saying their side was not heard in court.
Judge Peras denied the motion last Jan. 4.
The respondents plan to go to the appellate court within the week.
They reiterated their argument that they were not given a chance to present evidence in court in the inhibition motion they filed last Tuesday.
“That after a careful and thorough analysis of the Jan. 4, 2006 order, the undersigned strongly believes that the judge has clearly prejudged the case in favor of the plaintiff,” the motion read.
It also said, “the act of improperly prejudging the case is too glaring such that defendants have decided not to participate anymore in a proceeding where an adverse outcome can already be predicted.”
This was also the reason City Hall lawyer Joseph Bernaldez asked for the cancellation of yesterday’s hearing.
However, Sipalay and lawyers Kit Enriquez and Gloria Lastimosa-Dalawampu, members of the Integrated Bar of the Philippines who are plaintiff-intervenors in the case, argued against the motions for inhibition and cancellation.
“All the facts have been admitted, the only issue left to be tackled is whether the mayor has the legal authority to close the road,” Dalawampu said.
She also objected to the insinuations that the respondents were not given their day in court, pointing out that Osmeña was invited twice to take the witness stand, but failed to do so.
Mayor Osmeña had the road closed following police reports of vandalism and theft in the area, which traverses the 295-hectare South Reclamation Project.
“It is not true that they were not given an opportunity to present their evidence in court, in fact, the preliminary injunction came late just to accommodate the respondents,” Sipalay also said.
Judge Peras cut off any more arguments from the plaintiffs and, instead, scheduled an oral argument on the motion for inhibition on Feb. 10. (JGA)
For Bisaya stories from Cebu. Click here. (January 20, 2006 issue)
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