CA holds off auction of SRP lots

CEBU, Philippines - Finding sufficient grounds, the Court of Appeals Special 18th Division issued a writ of preliminary injunction to stop the public auction of lots at the South Road Properties and garnishment of the judgment money to the Rallos heirs.

Associate Justice Gabriel Ingles said the new evidence presented by the city, that the Ralloses and the city agreed to the donation of two lots to the city, was substantial. The Rallos heirs are asking for compensation for the property now being used as public road by Cebu City

“The initial evidence satisfactorily demonstrates petitioner’s clear and unmistakable right as a beneficiary or prospective donee in a Convenio executed on September 22, 1940,” the resolution read. The convenio was a compromise agreement by the Ralloses donating lots 485-D and 485-E to the Cebu City in 1940.

Ingles also said there was an “urgent and paramount necessity for the writ to prevent serious damage” with the depository banks of Cebu City getting ready to release P133 million for the money judgment to the Ralloses.

Ingles likewise stopped the public auction of SRP lots asked for by the Ralloses in payment for their lots.

“It is best to preserve the status quo pending the final determination of this case, otherwise, whatever decision hereon will be rendered ineffectual and nugatory,” resolution reads.

Earlier, Mayor Michael Rama through the city lawyers, filed a petition for the nullity of judgment with application for the issuance of a temporary restraining order against Regional Trial Court Branch 9 Judge James Stewart Ramon Himalaloan, Sheriff Eugenio Fuentes and the heirs of Rev. Fr. Vicente Rallos.

In the petition, Rama asked the Court of Appeals to render the decision in their favor. Likewise, he asked to declare the judgment debt of P133 million null and void.

City lawyer Leslie Ann Reyes told the media the issuance of injunction is a victory.

“The city is very pleased with the recent victory, though it was temporary but it’s still a victory,” she said. — (FREEMAN)