City asks for more time to answer case
The Cebu City government wants more time to answer the civil petition filed by Barangay Busay councilman Amilo
Lopez.
The city’s lawyers, in an urgent motion, asked Judge Generosa Labra of Branch 23 of the Regional Trial Court in Cebu City for a 15-day extension to submit their answers to the petition for the declaration of nullity with prayer for the issuance of a temporary restraining order and preliminary injunction against the city government and Gokongwei-led company, Universal Hotels and Resorts Inc. (UHRI).
Lopez filed an injunction to stop the implementation of the 18billion Kawit Island Development project.
Lawyers Joseph Bernaldez and Bernard Inocentes Garcia said they failed to submit the counteraffidavit because they attended an equally important matter involving a case of the same respondents but of different petitioners filed before RTC Branch 10.
“Thus, due to the equally important order of the Honorable Presiding Judge in the above-cited case, the undersigned counsels are constrained to ask for an extension of time to file their answer to the complaint pending before the Honorable Court. The extension of time is needed for counsels to study and prepare well for the respondent’s answer and secure the necessary documents in the case,” read the counsels’ motion.
The city attorneys said their motion for extension is not meant to delay the court proceeding.
They were ordered to file an answer within the 15day reglementary period, which expired yesterday.
The lawyers were referring to the civil case filed last month by eight opposition councilors against city officials and UHRI to invalidate the agreement for the Kawit project.
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. sought the nullification of the 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.
They also prayed for the court to issue a temporary restraining order and a writ of preliminary injunction.
The opposition councilors have maintained that the City Council did not authorize Mayor Tomas Osmeña to sign the joint venture agreement with UHRI.
They said the resolutions were approved by administrationallied councilors after the session was adjourned.
The respondents of the case were Mayor Osmeña, UHRI, and Councilors David Tumulak, Margarita Osmeña, Sisinio Andales, Eugenio Gabuya, Jr., Alvin Arcilla, Mary Ann Delos Santos, Jerry Guardo, Franklin Ong, and Joy Augustus Young.
Mylen P. Manto/KBQ