Thursday, May 24, 2007 Soc blames polls for case dismissal
TALISAY City Mayor Socrates Fernandez had his hands full during the election season that he failed to appear during the pre-trial hearing of the expropriation case he filed against eight families.
Fernandez gave this explanation in his motion for reconsideration of an order dismissing the civil suit.
Regional Trial Court (RTC) Judge Estela Alma Singco of Branch 12 has dismissed the expropriation case after the City Government and seven of the defendant-families failed to appear during the pre-trial.
Fernandez had given City Attorney Paterno Belciña a special power of attorney as his representative in the case, saying, “The schedule was very close to Election Day and the city mayor was expected to have his hands full during the canvassing of votes.”
The pre-trial was last May 16, two days after the elections.
However, Belciña was struck with pneumonia, as stated in the manifestation and motion that Belciña signed.
He “never had any intention to delay the proceedings of this case,” he added.
Talisay City sued eight families for the use of 7,203 square meters in Lawaan II, Talisay City, which the families owned.
The owners are: Felicia Delima, Manuel Borromeo, Daniel Go, Lily Bacus Delima-Arias, Helen Bacus Delima-Niadas, Dionisio Bacus Delima, Ester Bacus Delima-Snowdon and Antonio Bacus Delima.
The City Government wanted to use the lot as a government center, where state offices and parks will be located.
“City Hall identified the properties declared in the name of the defendants to be the most appropriate and ideal site, considering the fact that their lots lie in between the frontage of the City Hall and the South Coastal Road for its parks and plaza,” the Talisay City Government’s amended complaint read. (JGA)
