City Hall asks court: Junk bank’s petition

CEBU, Philippines - The Cebu City government is asking the court to deny the application of BDO Unibank, Inc. for the issuance of a writ of preliminary injunction and the subsequent dismissal of the civil case the bank had filed against the city.

Earlier, BDO Unibank, Inc. had filed a case for mandamus asking the court to compel the city government to grant their application for the renewal of their business permit for their Magallanes branch as well as other branches in Cebu City.

Despite complying with the requirements needed for the renewal of their business permits, the BDO said their application remains “unacted.”

In its memorandum, the city government sought for the denial of the preliminary injunction as well as the dismissal of the case, claiming the mandamus case was filed due to the city’s refusal to grant the bank’s application due to an alleged tax fraud.

“Wherefore, it is most respectfully prayed that this Honorable Court issue an order denying the application for the issuance of a writ injunction for lack of legal right to be protected and for dismissing the petition outright for lack of merit,” the city’s memorandum reads.

The city government stated what they’re asking, is for the BDO Unibank, Inc.  to present documents that would explain the “sudden drop” of their gross receipts in 2016 in the amount of P400,057.22 in its Magallanes branch, when they allegedly declared P4,449,824.84 in its application in 2015.

“However, instead of showing why petitioner BDO declared only such amount, when it had declared P4,449,824.94 in its application in 2015, or a staggering difference of four million peso, the petitioner came up only with general denials. Instead of submitting documents that would explain the sudden drop and show the veracity of its declarations, it questioned the respondents’ authority to require the said documents,” the memorandum further reads.

What the city government wants is transparency from the BDO Unibank, Inc., so that the city can correctly assess the bank’s business taxes.

While the city government is seeking for the denial of the application of BDO’s for a writ of preliminary injunction, the BDO sought for its issuance.

BDO said that the non-issuance of a preliminary injunction will cause irreparable injury not just to them but to its clients.

Thus, they are seeking for a provisional injunctive relief to stop the city government from doing any actions against them. (FREEMAN)