SRP ownership case CA-Cebu should rule on inhibition

CEBU, Philippines - Despite the voluntary inhibition of Associate Justice Gabriel Ingles from further handling the civil case relative to the ownership of the South Road Properties, the Court of Appeals Cebu Station will have to rule on the motion for inhibition filed by Tinago Councilman Joel Garganera after the appellate court’s committee on rules said that the issue should be resolved among the justices in Cebu.

Justice Rebecca de Guia-Salvador, chairperson of the CA Committee on Rules, returned the motion for inhibition of Garganera for the CA 19th division justices to rule.

Garganera earlier sought the inhibition of the appellate court in Cebu from the civil case he filed against Cebu City South District Rep. Tomas Osmeña and other city officials questioning the ownership of the SRP.

Garganera accused the CA justices in Cebu of partiality after they upheld a Regional Trial Court decision that affirms the city’s ownership of the 300-hectare SRP. 

According to Garganera, the justices ruled with partiality because they are beholden to the city government considering that the local government unit has donated a portion of the SRP to the CA. The donation was made by Osmeña during his term as mayor of the city.

Garganera’s motion prompted Ingles to voluntarily inhibit himself from further participating in the deliberation of the case. Thus, the matter was referred to Manila.

However, Salvador said this has to be resolved among the justices in Cebu.

Salvador said “the jurisprudence states that the voluntary inhibition (as contemplated under the second paragraph of Section 1, Rule 137 of the Rules of Court) involves a prerogative exclusive only to the concerned Justices and may not be imposed on them, not even by mandamus, by a higher court.”

“The issue is primarily a matter of conscience and sound discretion on the part of the Justice,” she added. –(FREEMAN)