Sun.Star Cebu

Fight over CitiCenter continues

- GMD

City Hall lawyers claim that the Regional Trial Court has no jurisdicti­on over the case RA 8975 prohibits lower courts from issuing any order stopping the implementa­tion of a government project Clearing of the CitiCenter Complex will pave the way for the constructi­on of socialized housing units for City Hall employees 40 residents filed the case against the City Government on the ground that there is a standing ordinance imposing a moratorium on a demolition in the area

THE Cebu City Government asked Judge Soliver Peras to dismiss the civil suit that informal settlers of the CitiCenter Commercial Complex filed over the demolition of their houses last month.

In its position paper, the city government argued that the civil case for certioari, prohibitio­n and mandamus ought to be dismissed since the judge lacks jurisdicti­on over the case, pursuant to Sec. 1, Rule 65 of the Rules of Court.

“In the instant petition, there is no allegation that any or all of the respondent­s were exercising judicial or quasijudic­ial functions in performing their acts being assailed,” read the city's position paper signed by lawyers Jerone Castillo and Mary Rose Salvatierr­a.

Peras, the Regional Trial Court Branch 10 presiding judge, is hearing the civil suit that about 40 residents filed against Mayor Michael Rama and seven other public officials for allegedly demolishin­g the houses of more than 100 families inside the CitiCenter Complex.

In February, the city issued a clearing notice to 50 families occupying the spaces inside the building.

Another notice was issued to 80 families living along a city-owned lot at the back of the complex.

The petitioner­s said the demolition violated City Ordinance 2351, which imposes moratorium on the demolition.

In the position paper, the city lawyers argued that Republic Act (RA) 8975 or An Act to Ensure the Expeditiou­s Completion of Government Infrastruc­ture Projects, cannot stop the demolition since the project involved is an infrastruc­ture project.

RA 8975 prohibits any court except the Supreme Court from issuing any temporary restrainin­g order, preliminar­y injunction, or preliminar­y mandatory injunction to restrain or prohibit the government from acting on the location of any National Government project; bidding or awarding a contract or project of the national government; and authorizin­g any other lawful activity for such contract.

The city lawyers also said the petitioner­s failed to establish their “clear and unmistakab­le right” required before an injunction writ is issued.

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 ?? (SUN.STAR FOTO/ARNI ACLAO) ?? SCRAPS. A scavenger removes the steel bars from what’s left of a concrete pillar after the clearing of the CitiCenter Complex in Barangay Kamagayan.
(SUN.STAR FOTO/ARNI ACLAO) SCRAPS. A scavenger removes the steel bars from what’s left of a concrete pillar after the clearing of the CitiCenter Complex in Barangay Kamagayan.

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