THE Regional Trial Court (RTC) Branch 10 in Cebu City wants the Cebu City Government and some opposition councilors to mediate the petition which seeks to nullify two Council resolutions related to the Kawit Island project.
Lawyer Yedah Ylanan said that the court has referred for mediation the civil case for declaration of nullity filed by Councilors Jocelyn Pesquera, Raymond Garcia, Pastor Alcover, Joel Garganera, and Eduardo Rama Jr., and former councilors Jose Daluz III and Erik Miguel Espina.
Ylanan said they will still have to inform the mayor about the mediation.
“We have yet to inform the mayor. Maybe we'll set an appointment with him next week. We go through mediation for purposes of trying to settle the case amicably,” she said.
A hearing on the case was held Thursday, Feb. 21, where the plaintiff failed to submit their comment on the affirmative defenses contained in the City’s answer.
It was supposed to be due last Feb. 17 but counsel of the plaintiffs moved that they be given time to comment, which was granted.
RTC Branch 10 Judge Soliver Peras gave them three days to submit.
While the case in Branch 10 is pending, Judge Generosa Labra dismissed the separate case filed by Busay Barangay Captain Amilo Lopez over the P18-billion Kawit Island project.
Labra of the Branch 23 of the Regional Trial Court in Cebu City was convinced with the grounds pointed out by the respondent City Government and Universal Hotels and Resorts Inc. (UHRI).
Labra ruled that the petitioner is guilty of forum shopping after the court was informed that a separate case was also pending before Branch 10.
Busay Barangay Captain Amilo Lopez filed a petition for injunction with prayer for temporary restraining order (TRO) and writ of preliminary injunction before the court, saying the joint venture agreement (JVA) that the City Government entered with UHRI is grossly disadvantageous.
UHRI will develop an integrated resort, including a casino on Kawit Island in the South Road Properties through a JVA with the City.
Mayor Tomas Osmeña has earlier welcomed the development in Branch 24, saying the project will “infuse P18 billion into Cebu’s economy.”
“They can file all the cases they want. I have nothing to hide. This deal was subject to publication and Swiss Challenge for months. No one else came forward with a better offer. Isla dela Victoria will survive any kind of scrutiny,” he said.