CEBU, Philippines - The Rallos heirs are now claiming that the temporary restraining order issued by the Court of Appeals does not cover the public auction of the Cebu City-owned lot at the South Road Properties.
In their clarification filed before the court last Tuesday, heirs of Rev. Fr. Vicente Rallos said a simple reading of the dispositive portion of the appellate court’s resolution dated April 13, 2012, “clearly shows that it did not in any way enjoin the April 17, 2012 public auction.”
“While the April 17, 2012 auction is mentioned in the body of the said resolution, it is axiomatic what is implemented is not the body of the resolution but the dispositive portion thereof,” the Rallos heirs’ letter of clarification reads.
Maurelio Rallos said the public auction must be pushed through as their letter pointed out that the case has been final and executory for a long time and cannot be disturbed.
Earlier, the CA issued a TRO effective for 60 days, after finding sufficient evidence on the petition filed by Mayor Michael Rama who asked for the nullity of judgment which directed the city government to pay the Rallos heirs P133 million as compensation of their property used as public road in Sambag I.
Associate Justice Paul Hernando cited three grounds in the issuance of the TRO on the public auction scheduled last Tuesday.
He directed the city government to post a TRO bond at a fixed rate of P1 million within ten days from notice. The failure of the city to post bond will result to the lifting of the TRO.
He likewise directed the respondents to file their comment on the petition filed by Rama within ten days from receipt.
Earlier, Rama filed a case against Judge James Stewart Ramon Himalaloan of Regional Trial Court Branch 9, Sheriff Eugenio Fuentes and the Heirs of Rev. Fr. Vicente Rallos.
Last Tuesday, Sheriff Eugenio Fuentes postponed the public auction after receiving the TRO.— (FREEMAN)