CA urged: Lift public auction ban

CEBU, Philippines - The heirs of the late Rev. Fr. Vicente Rallos have asked the Court of Appeals to reconsider its injunction order against the holding of a public auction of the city government’s property and garnishment of its bank accounts to satisfy their P133 million award money.

The heirs, represented by Maurillo Rallos, questioned the appellate court’s jurisdiction to rule on the injunction case.

Lawyer Fortunato Veloso, counsel for the heirs, said the Associate Justice Gabriel Ingles’ injunction order was null and void.

“With due respect, the resolution dated June 26, 2012 of the Honorable Court of Appeals is null and void ab initio and/or was issued without or in excess of jurisdiction,” the motion reads.

Ingles issued earlier the injunction enjoining the heirs from holding public auction of the city’s property as well as garnishment of its bank accounts.

Ingles said it is best to preserve the “status quo” pending judgment of the case otherwise whatever decision rendered it will be ineffectual.

But the heirs said Ingles made a mistake in concluding that the City of Cebu was the potential donee in a convenio - a compromise agreement executed by heirs of the late priest on September 22, 1940.

They said the convenio was never formally offered in evidence by the city government for any purposes in their petition for injunction.

“It is axiomatic that the Honorable Court of Appeals or any other court for that matter may not legally consider evidence not formally offered,” the motion further reads.

The heirs likewise questioned the issuance of a writ of preliminary injunction citing there was no irreparable damage as the case was still pending before the court.

It added the CA has no jurisdiction over the case as petitioner has already availed remedy before the said court and even rendered a decision in favor of them which was affirmed by the Supreme Court.

Moreover, the issuance of a writ of preliminary injunction will impede the decision of the Supreme Court declaring the case final and executory.

The heirs are asking the appellate court to lift the preliminary injunction and to dismiss the case filed by Mayor Michael Rama.

The heirs earlier wanted to auction part of the South Road Properties to claim the over P133 million awarded by the court as compensation of the 4,654-square meter property used by the government for public road in Barangay Sambag II. (FREEMAN)