SRP sale case not yet over as CA withdraws final judgment
LAPU-LAPU CITY, Cebu — Cebu City Vice Mayor Tomas Osmeña’s challenge to the city’s South Road Properties (SRP) land sale remains pending after the Court of Appeals (CA) withdrew its earlier declaration that the case had become final.
In a resolution dated June 25, 2026, the CA granted Osmeña’s request to withdraw the Entry of Judgment, a court certification that a ruling can no longer be appealed.
The appellate court said that the certification was issued prematurely because Osmeña had filed a timely appeal before the Supreme Court.
The dispute stems from the 2015 sale of about 45 hectares of SRP property. Osmeña claims it lacked proper approval and was sold below market value.
Appeal already before Supreme Court
The CA noted that Osmeña had elevated the case through a Petition for Review on Certiorari, a legal remedy asking the Supreme Court to review a lower court’s ruling.
According to the court, the September 27, 2023 decision against Osmeña cannot yet be considered final because he had filed his appeal within the period allowed by law.
READ: Osmeña to file raps against Rama for SRP lot sale
The CA also set aside its April 29, 2025 resolution that had certified its earlier ruling as final and executory.
Why court withdrew the certification
The court explained that it was unaware that a petition had already been filed before the Supreme Court when it issued the Entry of Judgment.
In his motion, Osmeña admitted that his camp failed to provide the CA with copies of the petition due to what he described as “inadvertence and excusable neglect.”
To correct the oversight, he submitted copies of the filing. He asked the appellate court to withdraw the certification of finality.
READ: Tom O: Fight in SRP not yet over
After reviewing the records, the CA found that the appeal had been perfected, or completed, within the prescribed period.
The court said that Osmeña received the denial of his motion for reconsideration on October 8, 2024.
His lawyers submitted a motion for an extension to file a Supreme Court appeal on October 21, 2024. That was within the 15 days the Rules of Court provided.
The Osmeña camp then filed the petition on November 20, 2024. That fell within the 30-day extension the High Court had granted, also in keeping with the Rules of Court.
Dispute over SRP sale
In a petition filed in 2019, Osmeña questioned the validity of the negotiated sale to the SM-Ayala and Filinvest consortium.
He argued that the transaction lacked prior approval from the Cebu City Council. He also said that then mayor Michael Rama had no authority to proceed without legislative authorization.
READ: Filinvest to buy 2 hectares more of SRP
Osmeña also claimed that the property had been sold below its actual value.
Earlier court rulings
In January 2021, Branch 10 of the Regional Trial Court in Cebu City dismissed the petition.
The trial court ruled that Osmeña had no legal standing, or sufficient legal interest, to challenge the transaction.
Osmeña later brought the case to the CA. The appeals court upheld the trial court’s dismissal in September 2023 and denied his motion for reconsideration in August 2024.
SC to decide
With the CA setting aside its earlier resolution, this means the legal challenge to the SRP sale remains active. The Supreme Court will decide whether or not to review the case.
CDN Digital reached out to Osmeña for his reaction but had yet to receive a response as of Sunday, August 2.
This is a developing story.
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