City's court fight on Rallos lot payment continues

CEBU, Philippines - The Office of the Cebu City Attorney filed a motion for the court to schedule for hearing the two pending motions that they filed before Judge James Stewart Ramon Himalaloan of Regional Trial Court Branch 9 inhibited from the case on the Rallos lot payments.

The City’s lawyers, among them Joseph Bernaldez, said that their previous motions should not be held hostage, so to speak, by the inhibition of Himalaloan.

“In view of the transcendental importance of this case and the exigencies of public interest, the two motions should at least be heard and or resolved by the pairing judge or any judge for that matter,” they said.

The pairing judge for RTC Branch 9 is Judge Soliver Peras of Branch 10. A pairing judge takes over the cases of another branch in the absence of its presiding judge.

The City Attorney said that aside from their motion for reconsideration, they also filed a motion to quash and set aside notice of execution sale at public auction on November 24, 2011.

They asked for the hearing to be set on December 1, 2011 at 2:00 p.m.

In their motion, they sought to quash and set aside the notice of execution sale at public auction issued by Sheriff Eugenio Fuentes on December 13, 2011 at the Sheriff’s Office, Office of the Clerk of Court Cebu City at the Place of Justice.

They said the issuance of the notice of execution sale at public auction was carelessly issued.

“The manner and means by which it was issued were simply arbitrary and glaringly attended with malice, evident bad faith, and with grave abuse of authority by Mr. Eugenio Fuentes,” the motion reads.

They added that Fuentes should have at least waited for the resolution of the motion for reconsideration before issuing the writ of execution.

“Judiciousness and good sense of judgment would have dictated Fuentes to at least wait for the resolution of City of Cebu’s motion for reconsideration before proceeding with the execution of the present case,” motion reads.

The City lawyers asked the court to resolve their motion for reconsideration and motion to quash and set aside notice of execution and enjoin Fuentes from implementing the amended writ of execution.

The issue was in relation to the claim of the heirs of Rev. Fr. Vicente Rallos against the City of Cebu to pay the judgment claim of P13.3 million as compensation for the Rallos’ property used as public road. – (FREEMAN)