Young claims legal interest in Rama's case vs. Purisima

CEBU, Philippines - Cebu City Vice Mayor Joy Augustus Young claimed he has legal interest in the case filed by Mayor Michael Rama against Finance Secretary Cesar Purisima.

Young, in his position paper submitted to the court said he has “legal interest in at least two subject matters in litigation.”

Young said the appointments of Tessie Camarillo and Emma Villarete as OIC of the City Treasurer’s Office are valid because it was upon the orders of Finance Secretary Cesar Purisima and that he has the right to intervene because Rama should have sought the concurrence of the City Council in filing the case.

Earlier, the City Government through Mayor Michael Rama asked the court to dismiss Young’s motion for intervention citing that the vice mayor has no “legal interest” in the case.

But Young, in his position paper, argued that he has legal interest in the said case.

“The first subject matter that the intervenor has legal interest with is the lack of authority of Mayor Michael Rama to file this case. It has the legal interest because it is the office that is conferred by law to issue the authority,” Young’s statement reads.

He said since Rama used the City of Cebu in filing the declaratory relief, Rama must have the concurrence of the City Council.

Young added that Rama may only file cases without authorization from the City Council if it deals with a violation of ordinances in collection of taxes, fees or charges or for the recovery of funds and properties.

Since the declaratory relief was not mentioned in the exception, Young said under the rule, Rama “is required to secure the authorization from the intervenor and his failure to do so is fatal.”

Young said Rama has no proper authority to sign the verification and certification of non-forum shopping in the petition.

“The court has consistently held that lack of certification against non-forum shopping is generally not curable by mere amendment of complaint, but shall be a cause for the dismissal of the case without prejudice,” position paper reads.

In his second subject matter, Young said he has legal interest considering the validity of the appointment of Emma Villarete and Tessie Camarillo as In-Charge of Office, Office of the City Treasurer of Cebu City.

Though the appointment of the City Treasurer is within the scope of mayor’s duty, Young however said the City Council has the right to determine the validity of the appointment.     - THE FREEMAN