Sitio Avocado, Lahug: Cebu City asks dismissal of case filed by UP Cebu

CEBU, Philippines - Citing the complaint is a mere scrap of paper, the Cebu City government is seeking for the dismissal of the civil case for injunction filed by the University of the Philippines-Cebu which stops it from entering and making improvements at the fire-stricken area of Sitio Avocado, Barangay Lahug.

 Lawyer Carl Vincent Sasuman of the City Attorney’s Office questioned the authority of lawyer Liza Corro, dean of UP-Cebu, to represent UP Cebu in the civil case.

 “What is the authority of Atty. Liza Corro?” he asked, adding Corro has the burden of proof to show that she has the proper authority to sue on behalf of UP. “The plaintiff is not UP-Cebu but UP,” he added.

 Sasuman cited jurisprudence that “the party bringing suit has the burden of proving the sufficiency of the representative character that he claims” and if the plaintiff is without authority, such complaint is not deemed filed.

 Likewise, Sasuman questioned the certificate of non-forum shopping.

 He said there is a presumption that Corro did not personally appear before the notary public when the complaint was filed because the dates appeared were different.

 “The original complaint was filed on January 8, 2016 and the amended was filed on January 11, 2016. However, the certification though bear different dates but they have the same book numbers and others,” he stated.

 The named defendants in the case are the City of Cebu, represented by acting mayor Edgar Labella; City Administrator Lucelle Mercado; Atty. Collin Rosell, head of the Cebu City Division for the Welfare of the Urban Poor (DWUP); and other members of the Prevention, Restoration, Order, Beautification, and Enhancement (PROBE) and all other persons claiming authority.

 Rosell adopted the arguments of Sasuman. Rosell appeared as his own counsel.

 He said they did not invade the ownership of UP but only made a disaster risk measure when the fire broke out in Sitio Avocado on December 26, 2015.

 Rosell added UP has to comply with the mandate of the law that informal settlers be given 30 days before the eviction.

 Lawyer Francis Michael Abad of UP asked the court to issue an extension of the temporary restraining order (TRO) issued by Executive Judge Soliver Peras.

 Abad said the settlers continue to build houses, which cause them grave and irreparable injustice.

 On the issue of certification, Abad said it is not fatal since their original complaint can stand on its own.

 Being the owner of the property, he said UP has the right to repossess the lot.

 On the other hand, Sasuman assured that the city government will not put back the machinery within the area as feared by UP.

With the foregoing arguments, Judge Ricky Jones Macabaya of Regional Trial Court Branch 5 ordered the parties to submit their respective memoranda before 4:30 p.m. yesterday.

 Macabaya is expected to issue an order today. — (FREEMAN)