By the Bohol Chronicle
Court hearings on the class suit seeking to cancel the contract of the City Square project hit a snag after counsels of the defendants asked the presiding judge to rule on the validity of the three petitioning lawyers' claim that they represent the taxpayers and residents of Tagbilaran.
DE LA SERNA, LIM, OCHAVILLO
Regional Trial Court (RTC) Judge Patsita Sarmiento-Gamutan has been asked by the counsels of the city government and private defendants Ko Beng Sum and Juan Apostol to determine whether lawyers Victor de la Serna, Alexander Lim and Zotico Ochavillo "have a standing in the case" and claim that they are indeed right in filing a class suit in behalf of "The People of Tagbilaran".
However, this is viewed by De la Serna as a "delaying tactic" by lawyers of the city government and the consortium.
The defendants' counsels argued that the three lawyers, acting as plaintiffs, could not show in the complaint that they were sufficiently numerous and representative of city residents and taxpayers.
For the absence of such requirement in a class action, the lawyers of the city government and private complainants want the petition dismissed.
THowever, Judge Gamutan ordered the said counsels to submit their respective amplified motions on the issue and whether it should be resolved first before the court proceeds with the hearings for the merits of the case and the issuance of an injunction.
De la Serna, Lim and Ochavillo filed a complaint at the RTC to declare the rehabilitate-operate-transfer (ROT) contract between the city government and the consortium led by businessmen Ko and Apostol as "null and void".
Judge Gamutan ordered for the hearing of the merits of the case due to the City Square.
De la Serna told the Chronicle that they just want the case to move on and they will counter the motion of the defendants regarding their standing in the case.
Gamutan will still schedule the next hearings after the counsels of the defendants have submitted their motions.
Lawyers De la Serna, Lim and Ochavillo maintains that the ROT contract puts the city government and the taxpayers of Tagbilaran at a financial disadvantage since the consortium will only be paying P5 million as monthly rental to the city.
The three lawyers said in their complaint that nearby commercial
lots are being rented out at least five times more than the rental stated in the ROT agreement.
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