Court asked: Nullify reso
OPPOSITION MOVES TO BLOCK P18B DEAL
Members of the opposition Barug Team Rama are not giving up just yet despite the formal signing of the P18-billion deal for the development of the former Kawit island into a world class resort and casino.
In what could be a last ditch effort to block the project after failing to get a temporary restraining order that would have stopped the signing last Friday, eight city councilors have asked the court to nullify the resolution authorizing Cebu City Mayor Tomas Osmeña to enter into a joint venture agreement with the Gokongwei-led company Universal Hotels and Resorts Inc.
The opposition councilors likewise sought the nullification of another resolution granting special land use for a landfill in Barangay Binaliw, Cebu City. Councilors Jose Daluz III, Jocelyn Pesquera, Raymond Alvin Garcia, Pastor Alcover Jr., Erik Miguel Espina, Joel Garganera, Renato Osmeña Jr., and Eduardo Rama Jr. also prayed for the court to issue a temporary restraining order and a writ of preliminary injunction.
According to them, the Sangguniang Panlungsod Resolutions No. 14-01832018 and 14-0184-2018 all dated August 8, 2018 were void from the beginning and should not be made as basis of authority for the mayor to enter a contract.
They contended that the joint venture agreement entered into by Osmeña and UHRI President Frederick Go for the multi-billion peso development project on Kawit Island was illegal.
Named respondents of the civil case are Osmeña, and Councilors David Tumulak, Margarita Osmeña, Sisinio Andales, Eugenio Gabuya Jr., Alvin Arcilla, Mary Ann De Los Santos, Jerry Guardo, Franklyn Ong, and Joy Augustus Young, UHRI, and Geofry Abroguena, developer of the landfill in Barangay Binaliw.
The mayor described the case as mere “propaganda” of the opposition.
“They are just trying to scare the investors. It’s not going to work,” the mayor said.
In fact, he said the city government has already scheduled the groundbreaking of the P18billion integrated resorts and casino within the coming week. He believes that the two resolutions were valid.
On the contrary, the opposition councilors said these were already stricken off from the agenda last August 7 and August 8.
The City Council had a two-day session last week because of the two reintroduced resolutions. For the members of the opposition, the questioned resolutions were approved after the session was adjourned.
Members of the Bando Osmeña Pundok Kauswagan (BOPK), however, went on with the voting and approved the resolutions without the members of the opposition.
“In the same “rump session”, Respondents enacted Resolution No. 14-0184-2018 which resolved to approve the application for Special Use of the Facility and Sanitary Landfill located at Barangay Binaliw, Cebu City, and Resolution No. 14-0183-2018 authorizing Mayor Tomas Osmeña to sign an amended Joint Venture Agreement with (UHRI) Universal Hotels and Resorts Inc. for a Resort Development in the South Road Properties,” reads a portion of the complaint.
The opposition councilors said that the BOPK councilors did not have a valid ground to convene in a session because it was already adjourned by Vice Mayor Edgardo Labella.
Assuming that the session was valid, the opposition councilors said the two resolutions enacted are still irregular and must be nullified because Tumulak, who presided the session, did not have the authority.
Since the session was “adjourned”, the opposition councilors believe that the new session did not constitute a quorum required to conduct official business since only nine of the 19-member City Council were present.
The opposition-allied councilors also said that the two resolutions should have not been reintroduced because their new House Rules have no retroactive effect. The previous rule allows those who voted against the measure to reintroduce it. But, the new rules already allows any member of the City Council to do it.