Tuesday, December 18, 2007
Court junks appeal over coastal road case
REGIONAL Trial Court (RTC) Judge Soliver Peras denied the motion for reconsideration filed by lawyer Alfredo Sipalay seeking the continuance of the trial of the case he filed against Cebu City Mayor Tomas Osmeña over the closure of the south coastal road in 2005.
Judge Peras said the court finds neither rhyme nor reason why it should continue to hear a case when the issue no longer exists.
Last September, Peras dismissed the complaint for injunction filed by Sipalay saying, “recent developments that transpired, relative to this case have shown that the need for the court to resolve the issue of whether or not there is a need to issue a permanent injunction is no longer of significance.”
Sipalay filed the case on April 15, 2005 in his capacity as taxpayer and resident of Talisay City.
He asked the court to stop Osmeña, City Administrator Francisco Fernandez and South Reclamation Project (SRP) manager Paul Villarete from closing the coastal road.
City officials said the closure was due to the rising theft incidents and damage to property in the area and the ongoing construction work at Segment 3B1.
On Oct. 17, 2005, Peras ruled that the coastal road shall be open to all motorists, and ordered the removal of all obstacles from the road.
In his recent order, the judge explained that the arguments presented by Sipalay are nothing more than mere apprehensions of something that might happen sometime in the near future.
He explained that as mayor, it is within Osmeña’s authority to do whatever is necessary to take care of the well being of the city.
“Making major decisions is part of his job, be it an unpopular one,” read Peras’ order. (KNT)
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