City Gov’t seeks SC decision on ‘Happy Bingo’ Operation
Bacolod City–City Legal Officer Atty. Joselito Bayatan filed a petition for review on certiorari before the Supreme Court with the prayer for re-affirmation and re-instatement of the previous decision laid down by Regional Trial Court Branch 49 relative to the case entitled “Phuture Vision Co. Inc vs. City of Bacolod thru Hon. Mayor Evelio Leonardia” in lieu of the Bingo Operation which was ordered closed last March 2007.
The petition was filed after the Court of Appeals Special Former Twentieth Division denied the motion for reconsideration and remanded the case to the Regional Trial Court to determine the issue of due process and to hear also the damages as what prayed for by the Phuture Vision who filed earlier a mandamus case with the prayer for the issuance of the temporary restraining order to operate said bingo games. In his 23 pages petition for review on certiorari, Bayatan claims that the CA by ordering the hearing on the aspect of damages went beyond the princicple of immunity from suit pf the state as respondent Phuture Vision Co. Inc. has not yet obtained the consent of the city government of Bacolod when the said respondent then intended to include in its action the claim for damages. He invoked that the claim for damages by respondent does not apply against the City of Bacolod for the reason that the matters in issue purely concern the sovereign or governmental function of petitioner city of Bacolod done through its co-petitioners public officers.
Bayatan also cited his argument that the honorable Court of Appeals while it was correct to rule that the proper remedy of respondent should have been certiorari and not mandamus, it, however, committed grave error in obviating to rule that the effect of negating the principal action of mandamus would also consequently negate the incidental claim for damages. Bayatan further argued that by remanding the case to the lower court for trial on damages as ordered by the honorable Court of Appeals is bereft of any legal basis.
