Ex-fiscal not giving up on SRP lot sales case
FORMER assistant prosecutor Romulo Torres asked the court to reconsider the dismissal of the case he filed to stop the use of P8.3 billion worth of proceeds from the sale of 45.2 hectares in the South Road Properties (SRP).
Torres through lawyer Janice Lape said the sale of the SRP lot by public bidding is prohibited by Ordinance 2332.
“As such, the authority must be in the form of another ordinance or that Ordinance 2332 must first be amended to allow any sale of the properties,” said the pleading.
Judge Alexander Acosta of the Regional Trial Court Branch 9 in Cebu City has yet to rule on the motion for reconsideration.
The petition sought to stop Cebu City from appropriating funds from the P8.3 billion proceeds earned from the sale of two lots to SM Prime Holdings Inc., Ayala Lands Inc., and Filinvest Lands Inc.
Torres questioned the mode of land disposal through public bidding.
He said the City Council Ordinance No. 2332 which protects the SRP from “unlawful and unauthorized transactions and dealings” excludes the sale or disposing of SRP land by public auction.
The judge dismissed the case, saying there was “no conflict” between the ordinace and City Council Resolution No. 130418-2014 which authorized Cebu City Mayor Michael Rama to sell two SRP lots through public bidding.
The judge said the ordinance authorizes prior authorization and not ratification by the City Council on the disposal of SRP lots. There is “no iota of doubt” that the resolution is “valid.”
The civil case has been cited by the Bando Osmeña bloc in the City Council as its reason for not deliberating on Supplemental Budget No 1.
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