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Friday, May 27, 2005
4 lawyers sue mayor over coast road closure
By Karlon N. Rama
CEBU CITY -- Four more lawyers have joined the legal battle against Cebu City Mayor Tomas Osmeña and his closure of the South Coastal Road since early April.
Democrito Barcenas, Florencio Villarin, Kit Enriquez and Alfonso dela Cerna brought their issue directly before Tanodbayan Simeon Marcelo at the Office of the Ombudsman in Manila.
Barcenas, former IBP Cebu City chapter president, and the three other lawyers signed a letter-complaint, which also impleads South Reclamation Project (SRP) manager Nigel Paul Villarete, that was sent to Manila Thursday afternoon.
The complaint seeks the immediate preventive suspension of both officials, then for the Tanodbayan, "as protector of the people," to order the mayor and Villarete to reopen the coastal road.
The complaint cites Osmeña and Villarete's "arrogant defiance of the authority of the President" and the mayor's "unjust and reckless disregard for the rights of the residents of Cebu City, Talisay City and the southern municipalities of Cebu."
They said these acts violate the Code of Conduct and Ethical Standards for Public Officials, the Anti-Graft and Corrupt Practices Act, and Presidential Decree 807 or the Civil Service Law.
The coastal road is a national road, and thus owned by the National Government, they pointed out.
To justify their move for the immediate preventive suspension of both officials, Barcenas, Villarin, Enriquez and dela Cerna said, "the evidence against them is strong and their continued stay in office will surely prejudice the case because of their tremendous political power."
Osmeña, who is in Manila on official business, was not available for comment.
Villarete, when sought by Sun.Star Cebu Thursday night, dismissed both the complaint and the Integrated Bar of the Philippines (IBP) resolution, saying the City Government's decision to close the road is not in violation of any statute.
"It is within anybody's right to raise a complaint for official acts of government officials. One thing I'm really perplexed of is what did we violate? Just because you don't like a person's action, will it mean that his action is wrong or he violated the law?" he asked.
The filing of the complaint, Villarete said, shows non-concern on the part of the IBP for the city's welfare.
Mayor Osmeña closed the road to traffic last April 8 following reports of vandalism and theft in the area. But he had also admitted that Cebu City's drawn-out quarrel with Talisay City over a portion of the 295-hectare SRP prodded him to seal the road.
Now, only those with special passes from City Hall can use the road as an alternative route in going to and from the southern part of Cebu.
The lawyers called a press conference to announce the filing and revealed that two other lawyers, Alfredo Sipalay and Gregorio Escasinas, whose names were written in the complaint but lacking their signatures, are joining as co-complainants.
Sipalay earlier filed a separate civil case before the Regional Trial Court (RTC). The case is being heard at the sala of RTC Branch 10 Judge Soliver Peras.
The 17th IBP Cebu City Chapter Board of Officers, with its incumbent president Alex Tolentino, has also joined the calls for the reopening of the south coastal road.
The board, during its session last May 19, passed a resolution rallying its support behind Sipalay's civil suit.
They described the suit as being "imbued with public interest."
Barcenas, during the press conference, did not answer why they opted to file their complaint in Manila instead of the Office of the Ombudsman-Visayas.
Radio reports, however, quoted Barcenas as stating that the local anti-graft office is not above Osmeña's influence.
The complaint, though, does not come attached with affidavits, nor is it verified or subscribed.
Existing anti-graft office rules will require that an inquiry be done. In which case, the Tanodbayan will either require the local anti-graft office to conduct a fact-finding probe or directly require the complainant to submit a verified complaint.
The lawyers pointed out that the Department of Public Works and Highways (DPWH) opened the road on April 27, 2004, in compliance with presidential orders to ease the "monstrous traffic in the old south expressway."
"It is sad to note, however, that without proper notice to the public, and without authority from the President, Mayor Osmeña and Mr. Villarete suddenly barred the public from using the South Coastal Road for more than one month already, causing unbearable inconvenience to the public and undue injury to the rights of the people using this coastal road," they said.
They said the closure of the coastal road was motivated by nothing more than the mayor's attempt at getting back at Rep. Eduardo Gullas for delaying the release of the titles for the SRP.
"...as shown by their outrageous and contemptible conduct and arrogant public statements in the media in response to the demand of the public to reopen the coastal road to traffic, Mayor Osmeña and Mr. Villarete have miserably failed to measure up to the Code of Conduct and Ethical Standards required of public officials in the discharge of their duties," the lawyers said.
"It is time, therefore, to give them a lesson in humility in the service of the people," they added.
(May 27, 2005 issue)
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