CEBU Gov. Hilario Davide III ordered Provincial Legal Officer (PLO) head Orvi Ortega to file an appeal before the Regional Trial Court (RTC) on Judge Generosa Labra’s decision, declaring the Cebu City Government as the owner of Fuente Osmeña.
“I was informed by Orvi Ortega that he has gone over the decision and it seemed there are lapses and he is not satisfied,” said Davide.
Davide did not specify what particular provision in the decision Ortega was referring to.
Meanwhile, Cebu City Mayor Tomas Osmeña said former Cebu governor and house deputy speaker Pablo “Pabling” Garcia is allowed to comment on the issue of ownership, but he is a non-entity.
Last Tuesday, Garcia told reporters in a press conference that he wants Provincial Legal Officer Ortega to file an appeal on a court’s decision.
He said Ortega may be cited for dereliction of duty if he fails to file a motion for reconsideration or a notice of appeal.
“Congressman Pabling Garcia is not a congressman. He is not a governor. He is a non-entity as far as I’m concerned. He is allowed to say his voice, but I will not react to that,” the mayor told reporters yesterday.
“It’s very clear. All public parks belong to the city. This is a decree during the time of the Americans’ (occupation) pa,” he added.
In a previous report, Ortega, who denied further commenting on the issue, said he will first bring the matter to Gov. Davide.
To file an appeal, the provincial attorney needs the cooperation of the governor for him to sign a certification of non-forum shopping and other documents that will be submitted to the court.
Personal
Davide stressed that Ortega’s move does not change his personal stand, as he did not see any reason to go into a legal battle for the park’s ownership.
He said that the landmark is owned by the Cebuanos.
He earlier also said that he is open to a joint management with the City on the park.
Following Davide’s pronouncement, Osmeña said there will be no need for a meeting with the governor on the matter considering the former’s statement.
“If he doesn’t bring it up, I won’t bring it up. What’s the problem? Because Pabling Garcia is in the mood? Pabling Garcia does not mean anything to me,” he said.
Ortega told reporters last Thursday that he already sent the notice to RTC and the court will then transfer all case records to the Court of Appeals.
