The lawyer of Phuture Visions Co. Inc., that started operating a bingo outlet at SM City-Bacolod Friday, has threatened to file a mandamus suit against the city officials involved in implementing the closure order on the establishment Saturday morning.

The Happy Bingo was padlocked at 6 a.m. Saturday for lack of a Mayor's Permit by Legal Officer 3 Vicente Petierre III. The closure order dated Mar. 2 was signed by City Legal Officer Allan Zamora.

Petierre said that since there was no one to receive the closure order, he posted it outside the bingo outlet.

The closure order that was supposed to be implemented Friday was deferred by the city so as not to inconvenience thousands of shoppers who flocked to the mall on the first day it was opened to the public.

Zamora however asked, "How can they file a mandamus case when they have not applied for a Mayor's Permit to operate?" Jesus Hinlo Jr, legal counsel of FVI, said all these problems will be forgotten and the city could prove there is no harassment if they issue PVI a Mayor's certificate of no objection.

"I hope they would reconsider their position and offer us a win-win solution by allowing a legitimate entity to run its business so City Hall could show the public that what they are doing is not harassment," he said. His clients were not given due process, he claimed.

Claudio Puentevella, PVI president, said they are just entrepreneurs trying to do business because they don't want to rely on their parents. He asked that they be spared from politics.

His older brother Nikki said they feel bad knowing that the issues are not true and that their family is being attacked. He said Zamora told him that the operation of the bingo outlet at SM was already promised to Philippine ring icon Manny Pacquiao.

Mayor Evelio Leonardia that as early as May 12, 2006 his office has already issued a certificate of no objection to Best Recreational Inc. at SM-Bacolod. He said the request of Claudio Puentevella was dated July 12, 2006 and was received by his office on July 17.

How could I issue a certificate of no objection for both of them since I have already issued one to BRI earlier? Do they want me to violate my word? Leonardia asked.

He said this is one factor that caused him and the solon to have a fall-out in politics since he could not grant their illegal request.

"I am appealing to Puentevella to stop using his children for politicking," Leonardia said. They should set an example to others by following the law and not violate it just because their interest is at stake, he said.

He said the city is business-friendly only to "legitimate businesses" that is why the Philippine Chamber of Commerce and Industry bestowed upon it the title of "The Most Business Friendly City in the Visayas."

This harassment issue is a political gimmick, Leonardia said, noting that, even before the incident, the camp of Puentevella had already issued a statement that they are being harassed. They pre-empted the issue to get the sympathy of the public because they know they have committed wrong, he said.

Leonardia said his administration has never been known to harass anybody. Let us face the issues squarely, and not try to get public sympathy, he said.

Nikki said the Mayor wrote Pagcor in Feb. 23, 2007 asking for the revocation of the authority it has granted to PVI for lack of a certificate of no objection.

Leonardia said it is because they saw it was defective. To be fair to all the parties involved in the bingo operation, they should also follow proper procedures.

Pacquio was the first to ask the Mayor that he be allowed to operate a bingo outlet at SM City. When another group (BRI) wanted to operate it in May 2006, the Mayor asked them to negotiate with Pacquio. Since Pacquiao gave way, the Mayor issued BRI a certificate of no objection in May 2006.

Meanwhile, Inocencio Ferrer, one of the legal counsels of PVI, said they have not received an official copy of the closure order. He also questioned why it was served when no one was around to receive it.

Zamora said there is no prohibition in the law concerning the time a closure order can be implemented. "I believe the closure implemented on establishments is part of the police powers of a local government," he said.

Zamora said he is studying whether there is a need to file a criminal case for falsification of public document against PVI for tampering the original application for renewal of their business permit by indicating "bingo operations."

However, the declaration of the type of business by the applicant, against the actual operations is dependent on the records on file with the system at City Hall, the Tax Revenue, Assessment and Collection System (TRACS) where the kind of operation is stated as "professional services, band/entertainment services."

Hinlo said that in their amended Articles of Incorporation the PVI includes the operation of bingo. "They should have written us seeking clarification if we could engage in this kind of business so we could have furnished them a copy," he said.

Ferrer said how can Pagcor issue PVI an authority if the documents are falsified. He said there are 13 employees affected by the closure of the bingo outlet.

Zamora said the amended Articles of Incorporation is not the issue. He said the real issue is the failure of PVI to apply for a Mayor's Permit.

Zamora said that the city also padlocked two clinical laboratories of the late Dr. Patricio Tan in 2001 since he secured a permit for only one branch when he should have secured separate permits for both clinics.

He said he had written PVI reminding them that they have not applied for a Mayor's permit.

Leonardia said it does not matter if they amended their Articles of Incorporation. The point is that they have not applied for a Mayor's Permit and that what matters, he said.

How could we possibly do what they claim when the one involved here is the high and mighty congressman? Leonardia asked. The solon had earlier, said their papers are in order, that is why they have been issued by the city a claim slip just like the ones issued to the other tenants of SM City-Bacolod.

Zamora said what the other tenants of the mall applied for is a new Mayor's permit.*CGS

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