Family asks court to deny Capitol’s motion

CEBU, Philippines - The heirs of spouses Francisco Almario and Felipa Zafra want the court to deny the motion for reconsideration filed by the Province of Cebu on the order that it can no longer present additional  evidence for the case that the heirs filed.

The plaintiff, through lawyer Richard Bauzon, said the grounds cited by the defendant were not justifiable that would warrant the reversal of the ruling.

“With due respect the grounds/reasons cited by the defendant in their motion for reconsideration are no sufficient to justify their non-appearance during the pre-trial. Hence, the same should be denied,” the opposition reads.

The heirs represented by Casiano Almario Jr. filed a civil case against the Province of Cebu, represented by suspended Governor Gwendolyn Garcia, for the recovery of Lot 925-A with an area of 4,741 square meters and was allegedly registered under the name of the Province.

In their comment, the Province of Cebu said the complaint filed against them was baseless.

Capitol’s counsel Ritchie Capahi said the subject lot located along Gorordo Avenue in Barangay Lahug, Cebu City was not transferred under the name of the Provincial Government but to the City of Cebu.

 Regional Trial Court Judge Simeon Dumdum of Branch 7 earlier declared capachi “in default” after he failed to appear in court during the scheduled pre-trial conference of the civil case for nullification of deed of exchange.

Capahi filed a motion for reconsideration.

In his motion, he apologized to the court and the other party for his failure to appear in the second scheduled pre-trial conference on February 19, 2013.

He said because of other duties and responsibilities and pressure of work, the scheduled pre-trial conference was “inadvertently” not put in his calendar of cases.

He added that it was not his intention to cause the delay in the proceedings. In fact, he said he was present during the first scheduled pre-trial last Jan. 21, 2013 but it was postponed because of the shooting incident inside the Palace of Justice. (FREEMAN)