THE Cebu City Government scored another legal victory as the court struck down an attempt by eight opposition councilors to stop an P18-billion integrated resort and casino complex project on Kawit Island at the South Road Properties (SRP).
Regional Trial Court Judge Soliver Peras denied the plea for issuance of a temporary restraining order (TRO) filed by the councilors, who sought to nullify the resolutions that authorized Mayor Tomas Osmeña to sign an agreement with developers for the project.
“Evaluating the arguments raised by the parties, it is the considered opinion of this court that there is no urgent need nor any irreparable damage that the petitioner may suffer as a consequence of the action of the respondents necessitating the issuance of a temporary restraining order,” read Peras’ two-page order.
The case stemmed from the petition for declaration of nullity with a prayer for the issuance of a TRO and a preliminary injunction against the City Government.
The petition seeks to prevent the City from entering into a joint venture agreement (JVA) with the Universal Hotels and Resorts Inc. (UHRI).
The petitioners are Councilors Jose Daluz III, Jocelyn Pesquera, Raymond Garcia, Pastor Alcover, Erik Miguel Espina, Joel Garganera and Eduardo Rama Jr.
They said the majority bloc had no basis to convene the session where they passed the two questioned resolutions.
They said the minutes of the session last Aug. 7 showed that it was already adjourned and any resolution approved after the adjournment is illegal.
But the majority bloc insisted that the proceedings were valid because it was just a continuation of the regular session.
However, Osmeña and UHRI proceeded to sign the JVA to develop the project on Kawit Island.
UHRI President Frederick Go signed the JVA in the presence of John Gokongwei Jr., founder of JG Summit Holdings Inc., last Aug. 17.
Cebu City Councilor Raymond Alvin Garcia said the court’s ruling is not a setback as the court still has to rule on the merits of the case.
But for lawyer Amando Virgil Ligutan, counsel of the BOPK, the denial of the TRO means the developer of the project can now work full-swing.
“This is good news for everyone. It’s all systems go for the P18 billion Kawit Island Project, and the more than 5,000 jobs for Cebuanos,” he said. (GMD, RVC)