The claimants of the property along the Honorata G. Manalo Street (Buri Road) in Brgy. Mandalagan, Bacolod City, that is undergoing rehabilitation, were given 15 days by Regional Trial Court Branch 49 Judge, Manuel Cardinal Jr., to answer the motion to dismiss filed by the Bacolod City government.

The city, represented by City Legal Officer Aireen Bonghanoy, filed an omnibus motion to dismiss the complaints filed by claimants Antonina Fritzsche, Eva Tongoy, Madonna Perlas and heirs of Socorro Jardeleza for non-compliance with the verification and certification against forum- shopping requirements.

Bonghanoy asked the court to dismiss the complaint filed by the heirs of Jardeleza for failure to state a cause of action, and to drop four out of five complainants, Alan Nuega, Claribel Rife, Elvira Jimenez, Ma. Cecelia Francisco and Majesty Villacin, for violation of the rule on proper joinder of parties and causes of action.

She also asked the court that they be granted an additional 30 days to file their answer and cross claim to be reckoned from the finality of the resolution of the issues raised in the omnibus motion.

One of the complainants, Pauline Tumunong-Nuega, yesterday said the court heard the motion to dismiss filed by the city Friday and gave them 15 days to file its response.

The complainants earlier filed a civil case for just compensation against the city represented by Mayor Monico Puentevella and the Department of Public Works and Highways represented by district engineer Abraham Villareal.

Tumunog-Nuega said they are hoping that the court will compose the Commission that will determine just compensation. “There is a period within which the court must act and hopefully it will not take long," she said.

Meanwhile, in the Omnibus motion to dismiss filed by the city, Bonghanoy pointed out that the complaint filed by the claimants is defective in several aspects. Likewise, it appears that the individual complainants have separate and distinctive claims and issues against the city which should be properly ventilated in separate cases, she said.

Bonhanoy said this is all the more true because the city has different defenses against each complainant, and to lump the different causes of action in one case promotes disorder in procedural due process, thus the city moves to dismiss the complaints.*CGS

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