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Bacolod Mayor Monico said yesterday that the business permit of AVM Bernardo, which operates the Bacolod City Slaughterhouse in Brgy. Handumanan, Bacolod City, will not be released.
Puentevella said he is even planning to ask the City Council of Bacolod City to terminate its contract with the city government on the ground that it is paying the city only P30,000 a month when it is earning about P30 million a year.
Plant manager Glorydee Cometa had written Puentevella on June 20 asking for the release of their business permit for 2014 saying they have complied with all the requisites for its release.
She said they have paid the city an aggregate sum of P109,937.50 and have submitted to the City Mayor’s Office the documents needed to secure a business permit on April 22, as evidenced by the claim slip issued to them by the city government.
Marvin Tañada, legal counsel of AVM Bernardo, yesterday said if the Mayor will initiate the termination of the contract of AVM Bernardo, they also have remedies where they can ventilate their side.
AVM Bernardo has a contract with the City of Bacolod not with the particular officer or official of the city, he said.
On the non-release of their business permit, Tañada said R.A. 7160 or the Local Government Code provides that one of the functions of the mayor is to issue permits and licenses. He can also suspend or revoke the license or permit on the grounds of violation of a law or ordinance.
AVM Bernardo has no violations insofar as the law and ordinance is concerned, he said, adding that the contract cannot be unilaterally terminated without giving notice to AVM Bernardo.
Tañada said they have faithfully and religiously complied with all the requirements and requisites to obtain a business permit for 2014.
Regarding the monthly rental, he said they have already explained in a letter to the Mayor that as early as June 2009, in view of the fact that the chicken line had not been operating, AVM had requested the city that instead of paying a monthly rental of P40,000, this will be reduced to P30,000 because of the substantial reduction of its revenue.
Tañada said that if the chicken line is operating it will contribute 30 percent of the total revenue of AVM Bernardo. However, it is not operating now.
So their letter was endorsed by SP Secretary Vicente Petierre lll to former City Legal Office Joselito Bayatan and AVM Bernardo has not received any reply or denial or protest on the payment of the P30,000 monthly rental, he said.
So from August 2009, AVM Bernardo has been paying P30,000 to the city government until March 16, Tañada said.
The City of Bacolod previously had tacitly approved the amount because it is cognizant of the plight of AVM Bernardo because its revenue has been reduced by about 30 percent because of the non-operation of the chicken line, he said.
When the city wrote AVM Bernardo a notice of default, they increased their rental payment to the city to P62,400. But because the city refused to accept their payment, this triggered AVM Bernardo to file an action in Court for consignation to deposit the amount of P60,990 which represents the rental payment for March to April 2014, he said.
Tañada said the P60,990 represents the rental payment of P62,400 per month net of 5 percent expanded withholding tax which is now deposited in the Court.
The contract of AVM Bernardo with the city is for 20 years effective on the date the slaughterhouse became operational in 2008, he said.
Meanwhile, Cometa said they have already installed their cold storage and it is undergoing a dry run.
They have also implemented double markings on all meat slaughtered at the City Slaughterhouse effective July 5 to help people identify if a meat product is hot meat or illegally slaughtered, she said.
Cometa said they will put the counter marking of AVM beside the National Meat Inspection Service marking to inform the public that the meat has passed meat inspection and is safe to eat.*CGS
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