Mayor cites “Rule of Law” in closure of a restaurant in Brgy Capitol Site

CEBU, Philippines- Cebu City Mayor Michael Rama yesterday insisted the city government exercised “rule of law” in closing a two-story restaurant building along Don Jose Avila Street in Barangay Capitol Site for allegedly operating with an expired temporary business permit.

“I want to be very sure that we are in the rule of law…I’ve been telling that there are too many that we have to attend to, that I didn’t have any instruction to single him out, that I can be very sure, hundred percent from my heart and my mind,” he  told a press conference yesterday.

He said it in reaction to an administrative and criminal complaint filed against him by Camia Street Café and Restaurant owner Adrian Lee.

Rama declined to further comment, saying he will leave the matter to the City Legal Office. City Attorney Jerone Castillo, on the other hand, said he has yet to get a copy of the complaint.

“Just give us the opportunity to read the complaint itself. And we will file (our response) within the period allowed by law so that we can prepare an intelligent answer,” he said.

Castillo, though, said that any business establishment is not allowed to operate without business permit.

In his complaint filed before the Office of the Ombudsman-Visayas on August 7, Lee said Rama caused “undue injury” in closing the establishment.

In his June 30-closure order, Rama said Lee reportedly failed to comply with the zoning and building requirements, so the city padlocked the restaurant last July 2.

Rama said Offfice of the City Treasurer’s records showd that the establishment also operated with an allegedly expired temporary business permit issued on January 23, 2015, as the permit was supposedly valid only until April 20.

 “Further, records of the Cebu City Zoning Board reveal that your building’s Locational Clearance has been revoked on December 4, 2014. In addition, your Building Permit and Fencing Permit have also been revoked by the Office of the Building Official on February 6, 2015, and you have been occupying your building without the required Certificate of Occupancy,” read the order.

Prior to the closure of his establishment, Lee earlier filed for a temporary restraining order before the court to prevent the city from implementing the order.

The Regional Trial Court Branch 5, however, dismissed the civil case and the petition for mandamus and prohibition with application for issuance of a temporary restraining order Lee filed for “forum shopping.”

In his administrative complaint against Rama for grave misconduct, serious dishonesty and gross neglect of duty, Lee accused the mayor of closing the establishment without a court order. 

Lee further accused the mayor of falsifying public documents because the closure order stated that the city has revoked the restaurant’s locational clearance and building and fencing permits, saying they were still being processed when Rama issued the closure order.

“The case filed in court aimed to prevent the mayor from committing the crime of exploiting his power as mayor to render useless private lot in order to accommodate the request of and give undue favor to his personal friend. Now that the mayor did it already, despite our pleas, we had to file a criminal complaint before the Office of the Ombudsman, as a matter of duty,” said Atty. Jennoh Tequillo, Lee’s legal counsel.

Tequillo said they already filed against Rama a civil case in RTC Branch 5 and one criminal complaint before the Office of the Ombudsman.  (FREEMAN)