Cebu City asks court to junk Rico's 2nd motion
Mylen P. Manto (The Freeman) - December 30, 2017 - 12:00am

CEBU, Philippines — The Cebu City government is seeking for the denial of the motion for reconsideration filed by the operators of Rico's Lechon after the court denied the company's request for the issuance of a writ of preliminary mandatory injunction.

3MRS Dionson Corp. had earlier requested the writ of preliminary mandatory injunction, citing damages caused by the closure of their business.

Regional Trial Court Judge James Stewart Ramon Himalaloan of Branch 7 denied the request for lack of legal basis.

Although the company suffered irreparable damage, Himalaloan said the company still failed to comply with the requisite documents listed in the business application form.

3MRS Dionson Corp. in its recently filed motion for reconsideration insisted that they had complied with the requirements contrary to what the Cebu City government stated.

3MRS Dionson Corp. stated what was alleged by the city government that it failed to comply with such as the Barangay Clearance, Sanitary/Health clearance, Fire Safety Inspection Certificate, Environment Compliance, SEC and Articles of Incorporation, Contract of Lease, Tax Declaration, Certificate of Property Holding, and other documents as may required by the Joint Inspection Team, were not on the lists of items enumerated in the Notice to Comply as well as the Show Cause Order dated August 14, 2017.

Thus, 3MRS Dionson Corp. is seeking for the court to reconsider its earlier order and be allowed to reopen the firm’s commissary in Barangay Talamban which was closed sometime in August 2017.   In its 21-page comment, the City of Cebu, Mayor Tomas Osmeña and City Treasurer Tessie Camarillo stated that the establishment of 3MRS Dionson Corp. was closed due to its lack of business permit.

“It must be emphasized that under the Cebu City Tax Ordinance, as amended, it is mandatory that no business or undertaking shall be conducted without an approved business or mayor’s permit,” read the comment.

“In its order dated 6 December 2017, the Honorable Court correctly denied the Petitioner’s application for a writ of preliminary mandatory injunction based on the ground that the Petitioner has no clear legal right to be protected; it being devoid of the permit to do business,” the comment furthered reads.

On the requirements not listed on the Notice to Comply, the City of Cebu stressed that the former already had information of all the regulatory requirements which are made available to owners of business establishments in January of each year. The regulatory requirements are categorically listed in the Application Form for Business Permits, such as barangay clearance, sanitary/health clearance, fire safety inspection report, environment compliance, among others.

“In its Formal Offer of Exhibits, the Petitioner presented a different application form, which contained no list of requirements like the ones abovementioned. This application form was allegedly signed by Enrico V. Dionson, who did not present and identify the same in his testimony. This document was also not the form used by the City Government in 2017,” reads the comment.

The comment further notes that the same regulatory requirements for the issuance of a business permit are also enumerated in Cebu City Citizen’s Charter. (FREEMAN)

 

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