CEBU city government lawyers accused a court sheriff of defying a Temporary Restraining Order against the garnishment of City Hall deposits to pay heirs of the Rallos family P133 million as just compensation for a parcel of land.
The accusation came as City Hall lawyers presented before the Court of Appeals a “convenio” or compromise agreement that dates back to the 1940s to prove their stand that the barangay Sambag II lot was donated by the owners and not expropriated from them.
Lawyer Jerone Castillo said court sheriff Eugenio Fuentes is continuing the threat of garnishing City Hall’s funds in SM Prime Holdings Inc. SM Development Corp., and SM Investments Corp. despite the order barring him from seeking payment for the road lot.
The sheriff denied ever serving the Notice of Garnishment earlier issued by lower court against City Hall assets.
“When I received the TRO, I didn’t do anything with regard to enforcing the lower court decision. I receive my salary from the court so there is no reason for me to defy its order,” Fuentes told Cebu Daily News.
The SM group is constructing one of its biggest malls in the South Road Projects, a 300-hectare reclaimed area of the city government.
Justice Pampio Abarintos of the CA’s 18th division appeared surprised by City Hall’s revelation and asked for a written report.
Another City Hall lawyer Janeses Ponce said the city government needs to secure a writ of preliminary injunction from the court or else the Rallos heirs would continue to go after city funds.
The administration of Mayor Michael Rama is questioning the earlier ruling by the Regional Trial Court which recognized the right to just compensation of the heirs of Rev. Fr. Vicente Rallos for the supposed expropriation of the lot in barangay Sambag II.
Castillo explained in court why the city government only introduced the convenio now.
He said the document was only discovered in 2011.
Associate Justice Gabriel Ingles, one of the members of the appellate court’s 18th division, asked lawyer Jonathan Gairanod, counsel of the Rallos family, if they are willing to admit the authenticity of the convenio.
Gairanod said the convenio wasn’t signed by a court judge.
But he admitted that one of his co-lawyers went to the RTC (formerly known as the Court of First Instance) Branch 5 to look for the convenio.
“The document is found in the records of the court. There is no question with regard to its authenticity,” said Ponce.
He said that if former Cebu City mayor and now south district Rep. Tomas Osmeña tried hard to research the case, the city wouldn’t have been asked to pay for a lot that was actually donated by its owner.
“If he (Osmeña) did his homework, he would have seen that the lot was donated,” he said.
Ponce said they will give Osmeña all the documents and pleadings they will file with regard to the case so the congressman will not be issuing baseless statements.
“To satisfy Tomas, I’m giving him a copy of the petition and other pleadings. Otherwise, he will give his opinion on something he doesn’t know,” he said.
The Cebu city government already paid P56 million to the Rallos heirs, something which Ponce said was unnecessary since the lot was donated by the family to the city.