CEBU City Hall lawyers claimed that old documents they recently procured showed that the city doesn’t owe one centavo to the heirs of Rev. Fr. Vicente Rallos.
They said a “convenio” or a compromise agreement was made between feuding descendants of the Rallos family in the 1940s.
The compromise involved donating the road in Sambag II to the Cebu City government. The lawyers produced the documents in court yesterday.
The Cebu City government petitioned the court to set aside the writ of execution and notice of garnishment issued by the sheriff to four banks and three SM companies doing business with the city.
The Ralloses opposed the city’s pleading and asked the city to settle its dues.
Regional Trial Court Judge James Stewart Ramon Himalaloan of Branch 9 submitted the pleadings for resolution.
In yesterday’s court hearing, city lawyers said garnishment notices should be coursed through the Commission on Audit (COA) before its implementation.
A COA circular states that “all money claims against the government must first be filed before the COA, which must act upon it within 60 days.”
The circular also stated that the claimant may elevate the matter to the Supreme Court on certiorai if they find grounds to question the ruling.
Cebu City Mayor Michael Rama said the city wants to know whether previous garnishment in relation to the Rallos case was done in compliance of the COA circular.
During the period Dec. 28, 2001, to Jan. 30, 2002, then sheriff Antonio Bellones made several garnishments worth P34,905,000.
Another garnishment worth more than P21 million was levied on the city on Dec. 4, 2008.
About P56,196,369.42 in government funds was paid by the city to the Ralloses.
The mayor said he wants to protect the city’s money.
“Whatever the court ruling will be, I resolved to be humble in victory and magnanimous in defeat,” Rama said.
The city government lost in a court battle over a lot expropriated for a road in 1963.
The court ruled in favor of the Rallos family who 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.
With the passage of time, the compensation plus interest reached over P133 million. Reporter Ador Vincent Mayol