CA rules: Closure of bingo firm without due process
BACOLOD CITY -- The Court of Appeals (CA), Twentieth Division, Cebu City has issued a decision which partly granted the appeal filed by Phuture Visions, Inc. relative to the Motion for Partial Reconsideration and Mandamus and Damages with Prayer for the Issuance of a Temporary Mandatory Order and/or Writ of Preliminary Mandatory Injunction against the City Government of Bacolod, Mayor Evelio R. Leonardia, Atty. Allan Zamora, Arch. Lemuel Reynaldo, which emanated from the closure of the Bingo Operation at SM Bacolod last March 3, 2007.
The CA ruling dated February 27, 2009 signed by Associate Justice Rodil V. Zalameda and concurred by Associate Justice Amy C. Lazaro-Javier, and Associate Justice Francisco P. Acosta states: “The decision of Branch 49 of the Regional Trial Court of Bacolod dated March 20, 2007 and Order dated September 6, 2007, denying the application for a Temporary Mandatory Order is affirmed. The dismissal of the main action is reversed and is hereby reinstated and remanded to court of origin for further proceedings.”
Atty. Jesus Hinlo, counsel of Phuture Visions, Inc., said that the city’s failure to observe due process was proven by this ruling.
He said that the Court of Appeals cannot turn a blind eye when due process was not followed by the City when it disallowed the operations of the Bingo including the manner of closure.
He said that, “Phuture Vision has won the case. And if this ruling came out in 2007, we could have pushed for the re-opening of the Bingo operation.”
He said, “Time was the only deterrent. But if it was decided in the year it was filed in 2007, we could have pushed for the re-opening of the Bingo operation.”
Atty. Hinlo said that he has to meet with his clients to consult whether they will file a new Mandamus case for 2009 and push for the re-opening of the Bingo at SM.
He said that the court also warranted the award for damages wherein the city will be paying Phuture Visions depending on the determination of the trial court concerned.
He said that the city officials have exposed the city government to a possibility to pay a huge amount to Phuture Visions in terms of damages because of its alleged failure to observe due process and respect the rights of the legitimate business (Phuture Visions, Inc.) to operate its business.
He said that it is the taxpayers who will be paying these damages if this case is decided with finality and in favor of Phuture Visions.
Moreover, Atty. Sonny Petiere, Acting City Legal Officer yesterday said that the City Government of Bacolod has not yet officially received the decision by Court of Appeals on the complaint filed by Phuture Visions, Inc. against the City of Bacolod, Mayor Evelio R. Leonardia, Atty. Allan Zamora, Arch. Lemuel Reynaldo, which emanated from the questionable closure of the Bingo Operations at SM City Bacolod on March 3, 2007.
He said, the city could always file the appeal. But he has to have the decision first to determine what course of action is necessary.