The legal counsel of Rolling Hills Memorial Park Inc. is asking the Bacolod Regional Trial Court to expunge from its record and consider not filed the motion to dismiss filed by the City of Bacolod in the civil case filed by the funeral firm against City Ordinance 565, or the new city Revenue Code.

RHMPI, through a stockholder, former Bacolod Rep. Monico Puentevella, filed the petition against the city government and his political rival, Evelio Leonardia, in his capacity as city mayor, seeking the declaration of the new tax code as illegal and of no force and effect, and for it to permanently prohibit the respondents from enforcing it.

Marguerite Therese Lucila, counsel of RHMP, yesterday said “Our position is that the motion to dismiss filed in such a manner as that we did not receive it on time in violation of the 3-day notice rule.

She said therefore, this motion should be expunge from the records and considered not filed. Because the respondents have waived their right to file an answer, it should not be considered as filed, she said.

Lucila said they also pointed out that after asking for a total of 45 days to file their answer, the city did a complete turnaround and instead filed a motion to dismiss which manifest bad faith.

RHMPI filed a manifestation and motion on May 11, 2012 asking the court to deny the motion to dismiss filed by the city and expunge it from the records of the case.

Puentevella said it is clear that the city is employing delaying tactics.

“In this case, we are hoping that the honorable judge will issue a favorable resolution to our appeal,” he said.

City Legal Officer Joselito Bayatan could not be reached for his comment as of press time last night.

The hearing of the case was reset to August 1.*CGS

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