OSMEÑA VS. V-HIRE OPERATORS: Tom's lawyers fail to file pre-trial brief

Even after the time had elapsed Mayor Tomas Osmeña still refused to file his pre-trial brief for the indirect contempt case filed against him by the operators and drivers of vans-for-hire.

Osmeña's lawyers Jerone Castillo and Bryce Ponce said they will not file their pre-trial brief until the court has decided on their move to dismiss the said case citing that the petitioner Gina Sanchez has no authority to represent the Cebu 3rd District V-Hire Operators and Drivers Multipurpose Cooperative. The coop filed the case against Osmeña and others for closing its terminal along Alcantara Street last November 25 for non-payment of business taxes, no business permits and "non-compliance with the other requirements necessary in the operation of their respective business."

RTC Branch 21 presiding judge Eric Menchavez gave both parties until July 11 to file their pre-trial briefs.

The coop's lawyer Gloria Dalawampu submitted their pre-trial brief on July 26. The group explained why it has two "identical cases" as mentioned by the respondents, in their motion to dismiss, the first indirect contempt case filed before RTC Branch 20 was with regard to their violation to the writ of preliminary injunction when Osmeña issued the Cease and Desist Order dated November 18 against the petitioner.

In this case, the petitioner contended that RTC Branch 5 judge Ireneo Gako has already issued a writ of preliminary injunction last October 29 directing Osmeña to refrain from implementing and enforcing City Ordinance 1958, the ordinance regulating the operation of terminals in the city.

But on November 25, Osmeña still issued the closure order which led to the second contempt case which is now pending at the RTC Branch 21.

But Osmeña wants the court to hear his motion to dismiss first before he files his pre-trial brief. This way if the court dismisses the case then the respondents need not file the brief.

Aside from Osmeña, other respondents for the second case are Criminal and Investigation and Intelligence Branch chief Paul Labra and Vicente Mercado of the Squatter Prevention and Encroachment Elimination Division.