Tom's camp cries forum shopping

The Cebu City government is asking the court to dismiss the civil case seeking to nullify two controversial resolutions— authorizing Cebu City Mayor Tomas Osmeña to enter into a joint venture agreement with Gokongwei-led company, and granting special land use for a landfill in Barangay Binaliw.

In yesterday’s hearing, causes of actions, and relief City Attorney Joseph sought” with that of the case Bernaldez said the case filed filed by Busay Barangay by eight opposition councilors Councilman Amilo Lopez. to invalidate the agreement for Cases based on the same the P18-billion world class facts, issues and arguments resort and casino on Kawit clearly bear the hallmarks Island has the “same issues, of forum shopping, said Bernaldez.

“Under the rules of court, dili ka maka-file og kaso nga pareha ra. Forum shopping is prohibited because it trifles with the courts and abuses their processes,” he told The FREEMAN.

According to the Supreme Court, forum shopping takes place "when a person avails of several judicial remedies in different courts, raising substantially the same issues."

At present, there are two civil cases assailing the validity of the said resolutions, which were “illegally” passed by the City Council on August 8.

Lopez’s petition seeks for the declaration of nullity with the prayer for the issuance of a temporary restraining order and preliminary injunction against the city government.

Osmeña and UHRI pushed through with the agreement signing on August 17 after the court did not issue a TRO.

Earlier this week, Judge Generosa Labra of Regional Trial Court Branch 23 in Cebu City denied the TRO sought by Lopez and ruled that “the action being sought has been rendered moot and academic with the formal signing of the agreement.”

On August 17, the opposition Councilors Jose Daluz III, Jocelyn Pesquera, Raymond Alvin Garcia, Pastor Alcover Jr., Erik Miguel Espina, Joel Garganera, Renato Osmeña Jr., and Eduardo Rama Jr. likewise sought the nullification of the resolutions.

They also prayed for the court to issue a temporary restraining order and a writ of preliminary injunction.

Bernaldez said lawyers Floro Casas, Jr. and Rey Gealon are both handling the two cases.

Gealon, for his part, said there can be no forum shopping because the complainants are not the same.

Also, Gealon said there are different causes of actions and arguments raised in two cases.

“The supporting arguments before RTC Branch 23 (first case) is focused on the financial and technical capacity of UHRI to undertake the project, while before RTC Branch 10 (second case) is focused on the illegal resolution authorizing the mayor to sign the JVA,” he said.

The opposition councilors have maintained that the council did not authorize Osmeña to sign the contract.

They said the resolutions were approved by administration-allied councilors after the session was adjourned.

Judge Soliver Peras of Branch 10 asked both parties to submit position papers five days from today on the allegations of forum shopping raised by Bernaldez.

The court also asked both parties to support their claims whether or not the session was adjourned when the resolutions were passed.