Busay Barangay councilor Amilo Lopez did not show up in the Thursday hearing of the petition for an order he had filed to halt the implementation of the Kawit Island Development project.
Instead, Lopez asked Floro Casas Jr. through his advisers. and Rey Galeon the court to reschedule the hearing on his petition on 28 August.
Lopez said in his two-page letter to Judge Generosa Labra of Section 23 of the regional litigation court in Cebu City that his counsel had to appear in person at the French Embassy in Makati City on Thursday.
"Moreover, because of the intricacies of this case, the lawyers for the petitioner (Lopez) could not insure a replacement lawyer for the planned hearing in such a short time", according to the petition.
Cebu City Legal Officer Joseph Bernaldez's petition to postpone the hearing was "unacceptable." He also complained about the very brief notification they had received from the petitioner.
Bernaldez said he only received a copy of Lopez's request for postponement of the hearing only on Thursday morning or four hours before the scheduled hearing at 14:00 on another date.
"Where is the urgency? It seems very ironic for the petitioner to request an urgent TRO, when in fact they were not even here," he added.
Bernaldez, during his trial, insisted on the presentation of his pleadings and asked Labra to decide on the petition of junk Lopez, since the joint venture agreement for the Kawit Island project had already been signed on 17 August.
After the Bernaldez event, Judge Labra asked for a break and did not set a new date for the hearing on the Lopez petition.
Bernaldez is hopeful that Labra will now decide on the petition.
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