THE scheduled October 5 hearing for the special civil case filed by Sangguniang Panlungsod (SP) Secretary Ryan Ravanzo on the controversial resolution passed by the SP on April 20, 2012 has been reset to November 9 after the petitioner and his lawyer failed to appear before the court.

Only Atty. Roy Laforteza, acting city legal officer, appeared in behalf of the respondents at the sala of Regional Trial Court Judge Emma Torio, acting presiding judge of Branch 40.

The respondents are Mayor Benjamin Lim and Councilors Jesus Canto, Ma. Librada Manaois-Reyna, Karlos Liberato Reyna, Marc Brian Lim, Redford Christian, Mejia, Luis Samson Jr. , Alvin Coquia, Guillermo Vallejos and John Chester Gonzales.

Earlier, the respondents were ordered by Torio to submit their comment to the petition.

The questioned resolution No. 2012-0010-D, passed during a special session called by Lim on April 20, 2012 while Vice Mayor and Sangguniang Bayan Presiding Officer Belen Fernandez was in the United States, gave the mayor authority to negotiate for the sale of the MC Adore and the city property in Barangay Talibaew, Calasiao.

Ravanzo cited the absence of an emergency to warrant a special session called by the mayor. He also pointed to the failure of the councilors to observe established parliamentary rules in approving resolutions.

He submitted the legal opinion of the Department of Interior and Local Government on the issues propounded by the city council.

The new majority in the SP attempted to correct the deficiency by passing Draft Resolution No. 4981 “affirming and confirming” the questioned resolution, but the move was foiled by the minority after it was introduced as “other matters” for the session.

However, in the subsequent regular session last October 1, the draft resolution was included as part of the agenda and was eventually passed with only Councilors Maybelyn Fernandez and Jeslito Seen of the minority objecting. Councilor Alfie Fernandez was notably absent.

In a statement issued by city hall Friday, the proponents said that “this signifies our intention to move forward by further ratifying all legal procedures undertaken pursuant to Resolution No. 6738-2012”, which implies a green light to the sale of the MC Adore property.

An appraisal committee appointed by Lim has already fixed the price of the property at P100 million minimum and a disposal committee is now being formed.

The city council has yet to act on the recommendation of the appraisal committee.

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