CEBU City’s legal strategy in the Rallos land dispute case may be affected by new guidelines.
Mayor Michael Rama will have to seek “prior authorization” from the City Council before filing or signing any pleadings, motions, or other papers arising from the case.
This was the gist of a resolution approved last Oct. 26 by the city legislature.
In the floor discussion, the main sponsor Councilor Edgar Labella cited a motion to quash which the mayor filed in court to prevent the garnishment of the city’s bank deposits to pay claimants of the Rallos road lot located in barangay Sambag 1.
Labella said lawyers in the city council had another strategy in mind, “but we could no longer implement this because the mayor already filed the motion to quash.”
The Cebu city government is challenging a court order to pay P133 million to the heirs of the late Fr. Vicente Rallos for the expropriation of a lot in the 1940s. The lost is now used as a road in barangay Sambag 1.
Notices of garnishment were already sent to the city’s depository banks and three SM companies doing business with the city.
Labella said previous city lawyers erred when they told the court that the Ralloses owned the Sambag 1 road lot when in fact the city government was questioning the computation of the claims payment.
“So that this will not be repeated, stipulating, admitting or anything entered into by the mayor should have council authority so that this could also undergo review and property study,” said Labella.
The resolution itself said the City Council resolves “to authorize” Mayor Rama “to execute and sign, for and on behalf of the city of Cebu, the verifications and/or certifications of non-forum shopping of any and all pleadings, motions, manifestations, memoranda, documents and papers requiring the same relative to any and all cases of which the Cebu City government and/or any of its officers are parties, involving or arising out of Lot No. 485D and Lot No. 485 E situate at M.H. Aznar Street Cebu City.
“… any stipulation and admission that may be entered into by the city mayor on behalf of the City of Cebu must require prior authorization by the Sangguniang Panlungsod.”
The resolution was co-sponsored by Councilor Jose Daluz and Sisinio Andales, who are lawyers.
It cited as legal basis Section 455 of the Local Government Code, where the city mayor shall represent the city in all its business transactions and sign on its behalf all bonds, contracts and obligations upon authority of the sangguniang panlungsod. Reporter Doris Bongcac