Court orders CH, pawnshop: Present position paper in 5 days

CEBU, Philippines — The Regional Trial Court has given both the Cebu City government and the management of Jerome’s Pawnshop five days to submit their respective position papers detailing their arguments on the civil case relative to the closure of the pawnshop’s branches in the city.

Representatives of the city government and Jerome’s Pawnshop met in court yesterday for the hearing of the petition for injunction with prayer for the issuance of temporary restraining order filed by Diogenes Avila against the city.

 “After sa submission sa position paper, submitted na for resolution ang injunction issue, but no specific date when gyud mogawas ang order,” said Atty. Floro Casas, Jr.

Casas, one of the counsels of Avila, said there was no presentation of evidence or witnesses yesterday because all the arguments and evidence will be presented through the position paper.

Avila sued Mayor Tomas Osmeña and the Prevention, Restoration, Order and Beautification Enhancement (PROBE) to stop the city from closing nine branches of his pawnshop. The action sought to be stopped, however, was already completed after members of the PROBE team shut down Jerome’s Pawnshop & General Merchandise branches in Junquera, Lahug, Talamban, Pasil, Basak San Nicolas, Calamba, Sanciangko, and Labangon last March 8. Avila said he has been paying taxes since he started business in the city in 2002.

In his petition, Avila said Osmeña and PROBE are not authorized to close his businesses. Avila cited in the petition the Presidential Decree No. 114 or the Decree Regulating the Establishment and Operation of Pawnshop, which confers upon the Central Bank the authority to impose sanctions for any violation with respect to pawnshop operation.

Avila said the management failed to get a permit from the Central Bank for lack of the required business permit from the local government. The city government also requires them to get a Central Bank permit before it can be granted mayor’s permit.

Avila claimed that he is being singled-out by the city government because the other pawnshop operators were allegedly not required to submit a permit from the Central Bank.

Lawyer Yedah Ylanan, head of the city’s business permit and licensing office, denied Avila’s claim. She said they were asked several times by other businessmen and the city government’s checklist of requirements has always been consistent.

“Our answer has always been consistent with what the ordinance demanded –these are meant to cover requirements that our national laws would require depending on the nature of one’s business,” she said.

She explained that because specific requirements weren’t spelled out in the checklist doesn’t mean that they’re no longer required or the city cannot demand for them to be submitted. Ylanan said the checklist of requirements cannot be used as an excuse to cover for the non-compliance of the existing laws, rules, and regulations. .

The city government noted that the nine branches failed to comply with the requirements of Bangko Sentral ng Pilipinas prompting the city to close them.

Osmeña said the city also received a complaint that the pawnshop refused to release a pawned stolen item unless the owner pays for it. — FPL (FREEMAN)