The Bacolod City Government and Phuture Visions Co. Inc. are expected to submit their memoranda to the Court before 9 a.m. today on the case filed against the city by the company for the closure of its bingo outlet at SM City Bacolod, for lack of a Mayor's Permit.

The case for mandamus with damages with prayer for issuance of a temporary mandatory order and/or writ of preliminary injunction was filed by PVI against Mayor Evelio Leonardia, City Legal Officer Allan Zamora and City Planning Officer Lemuel Reynaldo to order the respondents to remove the padlock on the bingo outlet and to allow the petitioner to conduct unhampered bingo operations at SM. PVI opened the Happy Bingo that is operated by the sons of Bacolod Rep. Monico Puentevella at SM City Bacolod in Brgy. 12, on March 2.

On the same date, Zamora issued a closure order stating that the records of the Bacolod Permits and Licensing Division show that PVI had not been issued any Mayor's Permit to operate bingo games at SM and that it has not even applied for issuance of one.

The closure order was implemented early morning of Mar. 3 by the Composite Enforcement Unit under the City Legal Officer.

"The instant case is not a fight between giants. Therefore, no mountain will tremble and the city will not suffer," Zamora said in his 21-page memorandum that will be submitted to the Court today.

He was responding to the opening statement of Judge Ramon Delariarte during the preliminary hearing of the case last week, that "When giants meet, the mountains tremble and the city suffers."

Zamora said the action of the city which spawned the filing of the instant case is simply an act of self-preservation against the despotic tendency of a political giant to violate the rule of law. He said the city, in going into the arena of legal combat, is armed with only fundamental guiding tenet - "No one, not even a political giant, is above the law."

Zamora said a writ of mandatory injunction requires the performance of a particular act and is granted only upon showing of the following requisites: "the invasion of the right is material and substantial, the right of a complainant is clear and unmistakable, and there is an urgent and permanent necessity for the writ to prevent serious damage."

He said that, at the outset, the petitioner prominently failed to allege in its petition any of these requisites for issuance of the writ of preliminary mandatory injunction.

Zamora said that the respondents, through the testimony of Permits and Licensing Ardis Jaculina and Azucena Jolito, examiner, Office of the City Treasurer, have sufficiently established that the petitioner has not secured nor even applied for a Mayor's Permit for bingo operation at SM.

It was also established that the application actually filed by the petitioner was for "renewal" of its Mayor's Permit for its business at RH Building, 26th-Lacson streets in Brgy. 5, Bacolod City, and that its kind of business as stated, was for "professional services, band/entertainment services," Zamora said.

When respondents closed the bingo operation, he also said, no material or substantial right of the petitioner was invaded, as it has no right to engage in bingo operations since it lacks a Mayor's Permit.

He said the petitioner has not yet amended its Articles of Incorporation on Jan. 10, 2007, the date when the application for renewal of its Mayor's Permit was subscribed and sworn to.

Inasmuch, as its Articles of Incorporation was amended only on Jan. 31 and which amendment was only approved by the Securities and Exchange Commission on Feb. 27, it follows that, as of Jan. 10, the petitioner was not yet authorized to engage in bingo operations, he added.

Zamora said also important is the admission on cross-examination by petitioner's witness, Sheila Vergara, who categorically admitted that she was informed by fellow witness Ramy Llasos, that their application for bingo operation had not been assessed or approved.

Zamora said the petitioner did not present any witness to prove the damages that it suffered and will continue to suffer by reason of the closure of its bingo operations.

He said the Court should and must decide the application for issuance of writ of preliminary injunction on the basis of the evidence presented by the petitioner. The petitioner failed to prove the basic requisite of "urgent and permanent necessity for the writ to prevent serious damage," he added.

In their memorandum, the respondents prayed that the Court deny the petitioner's application for issuance of a temporary mandatory order and/or writ of preliminary mandatory injuction, and also prayed for such other reliefs and remedies which the Court may consider as just and reasonable.

Meanwhile, Jesus Hinlo Jr., counsel of Phuture Visions Co. Inc., said copies of their memorandum will be available only after it has been filed with the Court today.*CGS

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