MikeLigalig.com

By the Bohol Chronicle

The petition to nullify the rehabilitate-operate-transfer (ROT) contract of the Tagbilaran City Square project will finally get its day in court after months of being shelved due to the inhibition of five judges.

A summary hearing for the issuance of a temporary restraining order (TRO) has been scheduled on Friday by designated Presiding Judge Patsita Sarmiento-Gamutan at the Regional Trial Court (RTC) Branch 1, this city.
       
The pre-trial, which was originally set on September 25 is moved to October 9 after one of the defendants of the case, Juan Apostol, filed a motion to reset the date of the pre-trial.

It may be recalled that lawyers Victor de la Serna, Alexander Lim and Zotico Ochavillo filed a civil case in November last year for the declaration of the City Square contract as null and void with a request for the issuance of a TRO.

Tagbilaran Mayor Dan Lim and private contractors Ko Beng Sum and Apostol were named respondents of the case. Criminal and administrative complaints are also pending at the Ombudsman against the mayor for entering into the ROT agreement which, according to the complainants, is "grossly disadvantageous" to the city government.

Hearings of the civil case hit a snag after five RTC judges in the city inhibited from handling the case.

The RTC re-raffled the case five times after RTC judges Fernando Fuentes III, Baudillo Dosdos, Suceso Arcamo, Achilles Melicor and Teofilo Baluma inhibited from the case.
After almost eight months, the Regional Court Administrator in Cebu City finally designated Judge Sarmiento-Gamutan to hear the petition.

De la Serna filed a motion for immediate summary hearing last August 25, saying "the heart and soul of the case is in the issuance of a TRO".

"Without this TRO, this case can drag on for years and years, and every year that passes, the people of Tagbilaran will be suffering the injustice and financial disadvantage under the anomalous and one-sided ROT contract," De la Serna said.

The city will just get P5 million annually while the consortium is estimated to generate no less than P20 million per year.

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I absolutley agree with you bennylyne.

I know the Roberto Batchoy Alba sat down with me the other night to discuss the plans of the media roles on Friday regarding this decision.

He told me that we the media will be gathering inside of the courtroom to watch closely the decision of this Carmen Judge.

He he he Atty. Lim is fro Carmen or should I say his wife and him are from Carmen.

I also informed Atty. Lim on what the media will be doing and he had the neatest smile come across his face after i had informed him.

yea' its so expensive to make a business in there with such high rental charges for these people.

They say no food to be allowed at first but so far we have Andocks, Snoowpy Ice cream, and of course the mayor's favorite...Dunkin Donuts.



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