City asks court to drop 2nd case vs Kawit Project

Due to an alleged forum shopping, the Cebu City government has asked the court to dismiss the civil case the City Council minority bloc has filed which sought to enjoin the joint venture agreement (JVA) between the city government and the Universal Hotel and Resort Inc. (UHRI).

Councilors Daluz Jose Daluz III, Jocelyn Pesquera, Raymond Alvin Garcia, Pastor Alcover, Jr., Erik Miguel Espina, Joel Garganera, Renato Osmeña, Jr., and Eduardo Rama, Jr. earlier filed a declaration with nullity before the court.

In its memorandum, the city government, through the Office of the City Attorney, asked the dismissal of the case as well as the denial of a temporary restraining order (TRO) and writ of injunction.

The city attorneys said there was forum shopping because the complaint filed by Councilman Amilo Lopez of Barangay Busay, who was assisted by lawyers Floro Casas and Rey Gealon, before Regional Trial Court (RTC) Branch 23 involved substantially the same issues, which was subject of the case before RTC Branch 10.

Daluz and other petitioners questioned the validity and legality of SP resolution authorizing Mayor Tomas Osmeña to enter into a JVA with UHRI.

Casas and Gealon were the same counsels, who assisted Daluz and others in the declaration with nullity.

"It must be noted that in the second case now pending before the Honorable RTC 10, the SP minority bloc members are suing in their capacity as public officials and taxpayers. They are assisted by lawyers Floro Q. Casas, Jr., and Rey M. Gealon, who are the same lawyers assisting Amilo Lopez in the petition pending before the RTC 23," read the memorandum.

Aside from the alleged forum shopping, the city government said only the Supreme Court can issue a TRO in relation to the P18-billion Kawit Project, which was covered by the Build-Operate-andTransfer Law.