Court denies TRO; P18 billion Kawit deal to proceed

CEBU, Philippines — The Regional Trial Court has denied the temporary restraining order sought by councilman Amilo Lopez of Barangay Busay, Cebu City to stop the city government from entering into a joint venture agreement with the Universal Hotels and Resorts Incorporated to undertake the proposed P18 billion Kawit development project.

Judge Generosa Labra of RTC Branch 23 in Cebu City ruled that the action being sought has been rendered moot and academic with the formal signing of the agreement last August 17.

“The act sought to be enjoined in this case, that is, enjoining and restraining the Cebu City Government and UHRI and their agents or any persons acting in their behalf from proceeding with the consummation and implementation of the JVA and from further undertaking any activity related thereto is already a consummated act,” reads a portion of the court’s decision dated August 23, 2018.

Labra explained that under the established principle there is nothing can be enjoined when the events sought to be prevented by injunction or prohibition has already happened. She added that a preliminary injunction maybe issued only under extreme urgency which she does not see in this case.

 “If indeed there was really urgency for the issuance of the writ of temporary restraining order petitioner would not have postponed the hearing of this case for the flimsy reason that both his counsels were scheduled to appear before the French Embassy in Makati City, Metro Manila,” Labra added.

Lopez, through his lawyers, earlier moved for the postponement of the scheduled hearing last week.

City Attorney Joseph Bernaldez used it as one of his arguments in seeking for the denial of the petition. Bernaldez manifested that there was no urgency for the issuance because the lawyers of the petitioner—Atty. Floro Casas and Rey Gealon—asked for the resetting of the hearing.

Bernaldez also argued that the motion violated the three-day notice rule. His arguments were sustained by the court.

“As correctly pointed out by the respondents’ counsel, said motion violates the three-day notice rule and does not contain a notice of hearing in violation of the rules of court. Said motion should therefore be disregarded and ignored,” the order reads, adding the urgent motion to postpone filed by Lopez was considered a mere scrap of paper.

The court, however, is scheduled to hear the application for writ of preliminary injunction at 2 p.m. on September 14.

Lawyer Amando Virgil Ligutan, counsel for the Bando Osmeña Pundok Kauswagan, welcomed the court decision.

“Nuisance suits have no place in our courts,” he said.

 Hearing for Lopez’s application for preliminary injunction is set for September 14, 2018 at 2 p.m.

Members of the opposition admitted they were expecting the court to deny the TRO. Vice Mayor Edgardo Labella said the battle is not yet over because the court has yet to decide on the main petition.

“The case still remains; of course it is subject for deliberation by the court. I don’t see any problem if TRO has not been granted,” he said.

“I expected that. It has been mooted when the mayor signed the contract. We now improve our complaint to questioning now the validity of the contract,” said Councilor Jose Daluz III.

Daluz said they will soon file a separate legal action questioning the validity of the contract that the mayor signed with UHRI.—/FPL (FREEMAN)