SRP lot sale proceeds: Motion to intervene submitted for decision

CEBU, Philippines - Regional Trial Court Judge Alexander Acosta is set to decide the motion for intervention filed by German “Arman” Perez, former secretary general Bayan Muna Partylist, over his opposition to Cebu City government’s use of the proceeds from the sale of South Road Properties lots.

This after the oral arguments made by both parties in yesterday’s hearing.

Perez, through his counsel, earlier filed a motion for intervention on the complaint filed by Romulo Torres for declaratory relief, injunction with prayer for temporary restraining order (TRO) and writ of preliminary injunction against the Cebu City Council.

Other named respondents were Cebu City Vice Mayor Edgardo Labella, and city councilors Nestor Archival, Sr., Margarita Osmeña, Lea Japson, Eugenio Gabuya Jr., Mary Ann de los Santos, David Tumulak, Nendell Hanz Abella, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Ma. Nida Cabrera, Gerardo Carillo, James Anthony Cuenco, Alvin Dizon, Richard Osmeña, Noel Eleuterio Wenceslao and Philip Zapra.

Perez alleged that as a taxpayer, he has legal standing to intervene in the case filed by Torres. He added he wants to safeguard the government’s coffers.

Perez questioned the sale of the SRP lot through public bidding. He claims that the sale, through public bidding, is a violation of Cebu City Ordinance No. 2332, otherwise known as “An Ordinance protecting the South Road Properties and its Stakeholders from Unlawful and Unauthorized Transactions and Dealings.”

Cebu City Attorney Jerone Castillo questioned the legal standing of Perez in filing the case. He also noted that Perez’s complaint was just rehashed from Torres’ complaint.

But Perez’s camp defended that as a taxpayer, Perez has legal standing to intervene in the case.

Torres, a resident of Sitio Panaghiusa, Barangay Basak San Nicolas, Cebu City, questioned the Cebu City Resolution No. 13-0418-2014 alleging that it is null and void as it violates Cebu City Ordinance No. 2332.

Cebu City Resolution No. 13-0418-2014 reportedly authorizes Mayor Michael Rama to sell the SRP lots to interested and qualified parties.

“…it is the intention of the framers of Ordinance 2332 to promote investments and sustainable undertakings as would actively generate income from the SRP and particularly excluded the sale or disposition of properties in SRP through public auction,” the complaint read, adding what happened is the sale was made in public bidding.

Torres said Resolution No. 130418-2014 could not amend nor supersede Ordinance 2332. Under Article 7 of the Civil Code of the Philippines — a resolution cannot and or supersede and ordinance.

Meanwhile, Acosta earlier denied the TRO sought by Torres to enjoin the Cebu City Council from using the proceeds of the sale of SRP lots, citing there was no ground to deny the same. —  Mylen P. Manto/ATO (FREEMAN)