A barangay official is asking the court to reverse its order dismissing his complaint over the P18-billion Kawit Island development at the South Road Properties (SRP).
However, Busay, Cebu City Councilor Amilo Lopez did not show up at the hearing of his motion for reconsideration (MR) last Friday, March 15.
In his MR, Lopez said he did not violate any of the grounds cited by the court in its Jan. 29 decision to dismiss the case, including his lack of interest to prosecute it, even though he and his counsels missed two previous hearings.
City lawyer Bernard Inocentes Garcia said it was proper for the court to dismiss the case due to Lopez’s absences. He also said the case lacked merit.
“More importantly, the court holds that the joint-venture agreement (JVA) between the Cebu City Government and the Gokongwei-led Universal Hotels and Resorts Inc. (UHRI) has passed all legal requirements,” Garcia said.
During the hearing last Friday, lawyer Jigo Nacua represented Lopez and his counsels.
After the hearing, the court gave the City five days to comment on the MR.
Regional Trial Court Branch 23 Judge Generosa Labra had dismissed Lopez’s case on five grounds.
Labra ruled that the petitioner was guilty of forum shopping after the court was informed that a separate case was also pending before Branch 10.
Lopez filed a petition for injunction with prayer for temporary restraining order and writ of preliminary injunction before the court on grounds that UHRI had no technical and financial capacity to enter a JVA with the City Government.
UHRI will develop an integrated resort, including a casino, on Kawit Island.
Lopez, in his complaint, also said the City Council did not authorize Mayor Tomas Osmeña to sign the deal with UHRI.