Rallos heir says Rama’s remarks show ‘indirect contempt’

Charges of indirect contempt of court and violation of the subjudice rule were filed yesterday by one of the heirs of  Fr. Vicente Rallos against Cebu City Mayor Michael Rama.

The charge was the latest in the tit-for-tat over a potential P130 million payment the city government is being forced to make  after losing a   court  battle  over a lot  expropriated for a road in 1963.

The mayor was accused of showing disrespect for the court in published remarks he made about the  outcome of the court case.

Also included in the petition as respondents were  Cebu Daily News publisher Eileen Mangubat and chief of reporters Doris C. Bongcac.

Niorman Gabriel, a Manila-based lawyer of Lucina Rallos, filed the petition before the Cebu Regional Trial Court.

The petition  stems from Rama’s remarks quoted in a  July 13, 2011,  CDN article, where Rama said, “City Treasurer Ofelia Oliva was looking into the history of the Rallos lot.”

The mayor was quoted as saying that it “appears that the property had unpaid tax obligations.” In the article, Rama also said he didn’t know the location of the Rallos lot.

“You cannot pay something that you have not seen,” Rama said.

Rallos  said the mayor’s  statement was improper conduct tending to “impede, obstruct or degrade the administration of justice.”

“Having been declared by the RTC in a decision that became final and executory in the year 2000… the City of Cebu had no more legal right to assess real property taxes against the lots subject of the case,” said the petiion.

Rallos said  that for Mayor Rama to say the property had unpaid tax obligations “is equivalent to saying that the decision… may simply be ignored or has no legal and binding effect.”

“We’ll face that in court,” said Mayor Rama in an interview yesterday.

He earlier filed a graft complaint against the court sheriff who issued garnishment notices against the city government’s bank accounts.

A new sheriff was appointed to replace Antonio Bellones who is scheduled to retire on Oct. 18.

Meanwhile, CDN publisher Mangubat said the paper would  refer the case to its  legal counsel.

“This is a story of high public interest involving a court settlement that would have a direct effect on the finances of the Cebu city government.  It’s our duty to follow the developments,” she said.

The court ruled in favor of the Rallos family, which sued the Cebu city  government for expropriating their property in 1963 without paying for it.

The court ordered the city government to pay the family P34.9 million. However, with the passage of time, the compensation plus interest has reached over  P130 million.

Rallos  said publishing Mayor Rama’s statement was a violation of the “subjudice” rule since the family   filed a motion for the execution of the writ on July 3, which  was pending when the CDN article was published on July 13.

Mayor Rama’s statements “were calculated and intended to influence the mind of the presiding judge,” said the petition. Rallos said the respondents should be penalized with a  P30,000 fine and imprisonment of six months.

Meanwhile, a new sheriff was assigned to pursue the notices of garnishment issued to Cebu City’s depository banks. Eugenio Fuentes will replace sheriff Bellones who is scheduled to retire on Oct. 18.

Last Friday, the city government filed a motion to quash the writ of execution and the notice of garnishment issued by Bellones to four banks, SM Prime Holding Inc., SM Development Corp., and SM Investments Corp..

All of them have dealings with the city government. Rama filed a complaint against Bellones before the Ombudsman-Visayas for allegedly implementing the court orders in haste. /Ador Vincent Mayol and Patricia Andrea Pateña