City Council asked to allow Osmeña to settle SRP cases

CEBU City Councilor Dave Tumulak wants Mayor Tomas Osmeña to negotiate with the parties concerned all the cases involving the South Road Properties (SRP).

Tumulak sponsored a resolution on this move but was not able to introduce it to the City Council for deliberation and approval yesterday.

In his proposed resolution, Tumulak said the prompt disposition of cases involving the SRP will revitalize investors’ confidence in undertaking billion-worth of projects in the area.

“It is in the best interest of the City to see the conclusion of the cases involving the SRP the soonest time possible,” read a portion of the resolution.

Tumulak said he sponsored the resolution to give Osmeña a chance to negotiate for possible amicable settlements to resolve all cases involving SRP.

“It’s high time to give the mayor the chance to settle. Prior to the filing of certificate of candidacy, if they are truly for Cebu City, they should vote for this. They should not be against,” he said.

The cases that involve the SRP include the collection of sum of money and petition for review on certiorari filed by the spouses Roque and Fatima Ting after they presented titles for two lots totaling 4,222 square meters that are now part of the SRP and the civil petition for declaratory relief and injunction with temporary restraining order filed by Romulo Torres in 2015 in a bid to stop the council from appropriating funds from the P8.3-billion down payment the City received from three developers that won the bidding for SRP lots.

SMPHI also filed a writ of mandamus and prohibition with application for an ex-parte 72-hour restraining order and writ of preliminary injunction to compel the City to renew its business permits and those of the mall’s tenants.

Councilor Jocelyn Pesquera, for her part, objected to the suspension of the council’s house rules, which would have paved the way for the introduction of resolutions that were not part of the agenda of the regular session yesterday.

Pesquera said Tumulak’s proposed amendment does not comply with house rules, which state that contract and memorandum, among others, should be included in the agenda.

She said Tumulak’s proposed resolution will authorize Osmeña to enter into a compromise agreement, as provided in one of its resolving clause, which is a form of contact.

Tumulak modified his resolution and excluded the portion where Osmeña is requested to compromise and enter into an agreement.

But since there was an objection, Vice Mayor Edgardo Labella proceeded with the voting whether to suspend the house rules.

Ten councilors belonging to the Bando Osmeña Pundok Kauswagan (BOPK) voted in favor of the suspension, while five Barug Team Rama voted against it.

Despite the 10 votes, the council was not able to suspend the house rules as it needed at least two-third votes for the suspension, or 12 out of the 18 councilors must vote for it.

Tumulak said he will file his resolution during the regular session next week to allow the council to thoroughly deliberate it.