City asks status quo order from the court

CEBU, Philippines - The Cebu City government is asking a status quo order from the court to prevent any party from serving notices and orders of garnishment against the city’s bank accounts pending the resolution of their motion to quash an earlier garnishment order.

City attorney Joseph Bernaldes, through a letter, requested Regional Trial Court Judge James Stewart Himalaloan to issue a status quo order. The court however told Bernaldes to file a formal pleading.

Himalaloan said he will not entertain a letter because it did not follow the rules.

The city government wanted to ensure that no writ of execution would be issued on the order to garnish the city’s bank accounts to pay the heirs of Rev, Fr. Vicente Rallos pending the resolution of their motions.

The city government currently has two pending motions in court seeking to quash the writ of execution and to set aside the notice of garnishment against its bank accounts.

The court earlier issued a notice of garnishment against the city to pay the P133,469,962.55 it owes to the Ralloses for using their lot as public road.

However, the city government has objected to the order claiming that the subject lot is not being utilized as a primary road. According to the city, the property is merely being used as access road to a subdivision.

They questioned why they should be made to pay millions of public funds for a property that does not benefit the public in general.

Bernaldes requested the court to conduct an ocular inspection to the subject lot for the court to appreciate.

The court was supposed to hear yesterday the city’s urgent motion but it was moved to a later date after the lawyer of the Ralloses said that they were not given a copy of the motion.

Himalaloan has given the lawyer of the Ralloses study the motion and to make the necessary comment before it will be scheduled for hearing. (FREEMAN)