If needed: Mayor to take case vs bank to SC, Duterte
Jean Marvette A. Demecillo (The Freeman) - March 31, 2017 - 12:00am

CEBU, Philippines - Cebu City government from closing BDO Unibank Inc. branches pending trial of the case, Mayor Tomas Osmeña remained in a fighting mode, saying he will take the battle to the Supreme Court and the Office of the President if necessary.

Osmeña, in a post to his official Facebook account, said the city will file a motion for reconsideration on the order issued by Regional Trial Court Branch 18 Executive Judge Gilbert Moises.

"I will escalate this when the time comes. I will escalate this to the Supreme Court and the President if  I have to," the mayor’s post read.

Since Osmeña  was  unavailable for interview yesterday, The Freeman asked and got his consent to quote the Facebook post.

In that post, he described the injunction order as a mere “setback” in what he expected as a long and tedious court battle.Cebuanos, he added, should not be disheartened by the recent ruling.

"When I first spoke of this issue, I said that we have a long and hard fight ahead. I wasn't exaggerating. We are, after all, fighting billionaires," his post read.

Cebu City Legal Officer Joseph Bernaldez said his office is in the process of filing the motion for reconsideration within the reglementary period, citing the “erroneous conclusions or findings of the court.”

The court has yet to decide on the mandamus case filed by BDO against the city government.

During the pendency of the case, the city cannot issue closure order against any of the bank’s 28 branches in the city.

The order, dated March 28, was received by the city government on Wednesday morning.

“As is jurisprudentially settled, a writ of preliminary injunction is issued upon the satisfaction of two requisites namely; 1) the existence of a right to be protected; and 2) acts which are violative of said right. After a careful sampling of the evidences presented as appearing on record, the court finds both requisites present in the case at bar,” the order read.

Moises, in his order, also enjoined Osmeña and his personnel from prescribing, imposing and/or requiring any information, documents, or act not prescribed by existing law and regulations.

To recall, Osmeña sued BDO Magallanes Branch last January for allegedly under-declaring and falsifying its gross sales, valued at only P400,000 for a year, when the branch filed for the renewal of its business permit with the City Treasurer's Office last year.

Last week, Osmeña issued the first show cause notice to BDO-Cebu Osmeña Branch, asking the branch why it should not be closed after it allegedly declared "impossible and outrageous” gross income of P6,986 for the calendar year 2016. (FREEMAN)

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