City insists: Closure of pawnshop legal

CEBU, Philippines — The Cebu City Government asserted that it has the authority to order the closure of the nine branches of Jerome’s Pawnshop in the city earlier this month.

In its 56-page position paper, the city cited eight grounds for the outright denial of the injunctive relief sought by Diogenes Avila, owner of Jerome’s Pawnshop.

“The closure of petitioner’s Jerome’s Pawnshops within Cebu City which was done by respondent PROBE on March 8, 2019 indubitably renders the instant case moot and academic warranting the immediate dismissal of the instant case for injunction with prayer for the issuance of a temporary restraining order and writ of preliminary injunction for being fait accompli,” read a portion of the position paper.

The position paper was filed last Wednesday afternoon before the Regional Trial Court Branch 17.

To recall, Avila sued Mayor Tomas Osmeña and Office of the Prevention, Restoration, Order and Beautification Enhancement (PROBE) to stop the city from closing the nine branches of his pawnshops in the city.

Last March 8, the city already closed the branches of Jerome’s Pawnshop & General Merchandise in Junquera, Lahug, Talamban, Pasil, Basak San Nicolas, Calamba, Sanciangko, and Labangon.

With this, the city said the court no longer has jurisdiction over the subject matter arising from the mootness of this case.

“Petitioner (Avila) has no clear and unmistakable right to be protected in this case for his failure to comply with all the requirements for the issuance of a business permit and a license or authority to operate from the BSP for operating his pawnshops thereby justifying the outright dismissal of the instant petition and its provisional remedies,” the city said.

Earlier, Avila said Osmeña and PROBE are not authorized to close his businesses, adding that the suspension of the closure written by Osmeña has not lapsed yet.

In his petition, Avila cited the Presidential Decree No. 114 or the Decree Regulating the Establishment and Operation of Pawnshop confers upon the Central Bank the authority to impose sanctions for any violation respecting the operations of pawnshop business.

But, the city closed all branches within its territorial jurisdiction for operating without a permit from the Central Bank.

PROBE, as ordered by the executive department, has the authority and power under the law to implement the closure of the firms, the city said.

“In the exercise of respondents’ power and authority in closing petitioner’s pawnshops illegally operating in Cebu City, respondents never intended to cause damage or injury to the petitioner. However, if and when petitioner suffers damage arising from such closure, it should be in the nature of damnum absque injuria (damage without injury),” it added. —/GAN (FREEMAN)