The legal fight over Cebu City's controversial South Road Properties (SRP) land sale is far from over. The Court of Appeals has withdrawn its earlier declaration that the case was final, giving Vice Mayor Tomas Osmeña another chance to challenge the transaction before the Supreme Court.
In a June 25 resolution, the CA granted Osmeña's motion to set aside the Entry of Judgment, a certification that a ruling can no longer be appealed. The appellate court admitted the certification was issued prematurely because Osmeña had already filed a timely appeal with the High Court.
This is a victory for transparency and due process. In the Philippines, especially in the Visayas, land disputes strike at the heart of local governance and trust. The SRP land, prime real estate along the Mactan Channel, was sold in 2015 to a consortium of SM, Ayala, and Filinvest. Osmeña claims the deal lacked proper City Council approval and was sold below market value.
What Happened in Court?
The CA noted that Osmeña received the denial of his motion for reconsideration on October 8, 2024. His lawyers filed for an extension to appeal to the Supreme Court on October 21, within the 15-day window allowed by law. The actual petition was submitted on November 20, within the 30-day extension granted by the High Court.
The court said it was unaware of this petition when it issued the Entry of Judgment. Osmeña admitted his camp failed to provide copies due to what he called inadvertence and excusable neglect. But once the court reviewed the records, it found the appeal had been perfected on time.
Why This Matters for Cebu
The SRP sale is not just a legal technicality. It involves 45 hectares of public land sold without what many see as proper legislative oversight. Then mayor Michael Rama pushed the deal through, but Osmeña argues the City Council never gave its blessing.
For ordinary Cebuanos, this is about whether local government can sell prime assets without public scrutiny. The SRP was envisioned as a driver of economic growth, but if sold too cheaply, the people lose. The Supreme Court will now decide whether to hear the case.
What's Next?
With the CA's reversal, the legal challenge remains alive. The High Court will determine if it will review the lower courts' decisions. Osmeña has not yet commented on the latest development as of Sunday, August 2.
This is a developing story, and Archipelago Times will keep you posted. For now, one thing is clear: in Cebu, the fight over the SRP land is not over until the Supreme Court says it is.
FAQ: SRP Land Sale Case
Why did the Court of Appeals reverse its decision?
The CA admitted it issued the Entry of Judgment prematurely because Osmeña had already filed a timely appeal with the Supreme Court. The court corrected its error after reviewing the records.
What is Osmeña's main argument?
Osmeña claims the 2015 sale of 45 hectares of SRP land lacked prior approval from the Cebu City Council and was sold below market value. He argues then mayor Michael Rama had no authority to proceed without legislative authorization.
What happens next?
The Supreme Court will decide whether to review the case. If it accepts, the legal battle continues. If not, the lower court's dismissal stands, and the sale remains valid.