The Regional Trial Court dismissed yesterday for lack of merit the petition filed by Phuture Visions Inc. Co. against the city officials for implementing a closure order against its bingo outlet at SM City Bacolod that was operating without a Mayor's Permit.

In his 17-page decision dated March 20, RTC Judge Ramon Delariarte said the petitioner has no right to operate bingo games at SM Bacolod because it does not have a Business Permit and has not paid the assessment for bingo operation. Hence, he said, respondents acted lawfully in stopping petitioner's bingo operation on March 2 and closing its establishment for lack of business permit.

The order was issued without prejudice to the petitioners filing an application for a Mayor's Permit specifically for bingo operation.

The Court also dismissed the counterclaim of the respondents without prejudice to filing appropriate action with a court of competent jurisdiction.

PVI, that is operated by the sons of Bacolod Rep. Monico Puentevella was ordered closed by the city when it opened the Happy Bingo at the new SM, without a permit. It filed a case for mandamus and damages with prayer for issuance of a temporary mandatory order and/or writ of preliminary mandatory injunction against Mayor Evelio Leonardia, City Legal Officer Allan Zamora and City Planning Officer Lemuel Reynaldo on March 5.

NEW APPLICATION

Delariarte said the Mayor's Office has already decided and released a Business Permit for "Professional Services, Band/Entertainment Services" dated Feb. 19, 2007 to petitioner. However, he said, it cannot reasonably expect to receive a Mayor's Permit for "bingo operations" unless and until it files a new application specifically for bingo operation, submit the necessary requirements, and pay the corresponding assessment.

He said the issue on whether or not the business permit is to be released on March 16 or thereafter, is practically rendered mooted.

Delariarte said that, for petitioner to operate bingo games at SM Bacolod on the strength alone of the Pagcor's Grant of Authority, SM Award Notice, a "questionable" claim slip, and an application paper tainted with alteration/falsification, does not appear to be a right that is clear and unmistakable.

Simply put, the right being claimed by the petitioner is, at the very least, doubtful, he said.

When its bingo operation was stopped on March 2, the petitioner could have appealed to the proper agency who has the power to reconsider and dissolve the closure order, if warranted, Delariarte said.

Instead, PVI filed a case of mandamus against the city officials.

Delariarte said the precipitate filing of this case by petitioner has violated the principle of the doctrine of exhaustion of administrative remedies before resorting to court action, after the closure of its bingo establishment, is a ground for dismissal.

He added that it would have been even easier and more expedient for petitioner to file a new application for a Business Permit for bingo operation than to institute a court action.

FALSIFIED, ALTERED

Delariarte said the Court does not have the power or would not be justified to wield the strong arm of equity to compel respondent City Mayor, by way of mandamus, to exercise a clearly discretionary function to grant or deny the issuance of a Business Permit for bingo operation on the basis of the falsified/altered application of petitioner and a claim slip tainted by defect due to human error.

The petitioner's legal counsel, Jesus Hinlo, Jr. said they will study their next move.

Meanwhile, Leonardia said they knew from the start that they were on very solid ground, knowing that the application of PVI was not in order at all. It was very basic that the issue is not why the administration or City Hall closed the bingo outlet, but why they (PVI) operated it when they knew they do not have a Mayor's or Business Permit, he said.

"It was an issue that solicited so much reaction from the public and became political because even children were used as props to appeal to the emotions of people, when all the while I was appealing to them to look at the case only from its merits," Leonardia said.

STATUS QUO

He said they would not have done it if they were not sure of themselves, knowing that it is the "high and mighty congressman" who wanted to open this business for his children and himself.

"With the decision of the court," he said, the status quo remains, meaning, the bingo outlet remains closed.

Vice Mayor Renecito Novero said that a case may also be filed for falsification of public documents against the petitioners for altering certain entries in the documents.*CGS

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