Court denies Jerome’s’ plea

CEBU, Philippines — Jerome’s Pawnshop’s nine branches in Cebu City cannot be reopened – at least as of yet – as the Regional Trial Court Branch 17 has denied the owner’s application for a temporary restraining order and writ of preliminary injunction for lack of merit.

In a three-page order, Presiding Judge Anacleto Debalucos said there is nothing more that will be enjoined or prohibited since the Cebu City’s Prevention, Restoration, Order and Beautification Enhancement (PROBE) already padlocked the nine branches.

“It is a universal principle of law that an injunction will not issue to restrain the performance of an act already done. A writ of injunction becomes moot and academic after the act sought to be enjoined has already been consummated,” read portion of the order.

Lawyer Carlo Vincent Gimena, one of the counsels of the Cebu City government, said the owner of the pawnshop should faithfully comply with all the requirements for the issuance of business permits from the city, as well as the license to operate from the Bangko Sentral ng Pilipinas.

“Their alleged payment of taxes at the Cebu City Treasurer’s Office is not enough for the issuance thereof because it’s not the only requirement for the issuance of said permits. It is merely one of the requirements,” he told The FREEMAN.

The city government earlier ordered the closure of all branches of the Jerome’s Pawnshop in Cebu City because of its alleged failure to possess Bangko Sentral ng Pilipinas a License to Operate a pawnshop pursuant to Presidential Decree NO. 114.

Avila earlier sued Mayor Tomas Osmeña and the PROBE team supposedly to stop them from closing his establishments. But the petition was filed on the same day the PROBE closed down all nine branches.

Avila said he has been paying taxes to the city government and already sent his application for license to operate to the BSP on February 26.

He believes that Osmeña is using the Business Permit and Licensing Office and PROBE to harass business owners who are known allies of the opposition. Avila is the brother-in-law of a barangay captain in the city known to be affiliated with the other group. — JMD (FREEMAN)