A petition for mandamus and damages against the city officials involved in the implementation of a closure order on a bingo outlet at SM City-Bacolod early Saturday morning was filed by the lawyer of Phuture Visions Co. Inc. yesterday before the Regional Trial Court.

PVI started operating Happy Bingo Friday during the first day SM City-Bacolod was opened to the public without a business permit from the city, officials said.

The case was filed by its lawyer, Jesus Hinlo Jr. against Mayor Evelio Leonardia, City Legal Officer Allan Zamora, and others involved in the implementation of the closure order.

Permits and Licensing head Ardis Jaculina yesterday confirmed that PVI has never applied for a Mayor's permit. She said she was informed that it also failed to secure a building and occupancy permit for the renovation of the establishment.

Jaculina said the city's data base shows that PVI is engaged in "sale of services" and not bingo operation. She said the application for renewal of PVI had an erasure using liquid eraser on its first page and the word "bingo operation" was typed on the space provided for the type of business. She said the second page was not erased, the "sale of services" still appeared in the space for the type of business with its address given as RH building in Brgy. 5, not in SM City.

If they have bingo operation in SM, that will require a separate permit, Jaculina said.

She said the clerk indicated "bingo operation" in the claim slip issued to PVI since that was what she saw in the application for renewal presented. But the claim slip has no bearing at all, she added.

Jaculina said the liaison of PVI, identified as a certain "Ponso," who reportedly works for Rolling Hills was the one who processed the permit of PVI at City Hall. She said he was advised by the encoder and the City Treasurer's Office to apply for a separate business permit.

ALL SM TENANTS COMPLIED

To date, Jaculina said, PVI has not applied for a permit for bingo operation at SM City-Bacolod. All tenants of SM that have applied for a new Mayor's permit and have complied with all the requirements have already been issued a hard copy of the Mayor's Permit.

Jaculina said that as early as November 2006, City Hall, through the Office of the Mayor, had announced that it was ready to issue all business application forms for 2007 and issue advance clearances.

In fact, the Mayor's Office was ready to install a one-stop-shop at the BAYS Center, so all the concessionaires of SM knew that City Hall was ready to give advance clearances as early as November and December last year. This was done so that, by January, they will have no problem, she said. All their applications are new since they were not operating yet in 2006, she added.

Jaculina said PVI only applied to renew their operation, still at 26th-Lacson streets, in January.

Leonardia, meanwhile, said PVI had never applied for a business permit, yet they operated on March 2, which they should not have done if they were law-abiding citizens. He said the police and enforcement unit were ready to implement the closure order Friday, but in deference to the crowd, they did not implement it.

Because they had the safety and convenience of the public in mind, the implementation was done early Saturday morning, Leonardia said. The city has the right to implement the order on a 24-hour seven days a week basis, he added.

MISLEADING

Leonardia said that, in a press conference Saturday, the lawyer of PVI cited a letter of Zamora dated January 4 that he finds no legal impediment to grant the request of Claudio Puentevella, PVI president, for a permit to operate a new franchise for Bingo Bonanza at SM City Mall.

He said that was misleading and possibly an attempt to deceive the public because they did not read the second paragraph which states that "it is, however, incumbent upon PVI to comply with all the requirements required by law governing the operation of Bingo Bonanza."

"If we have no basis, we won't implement the order," Leonardia said. "They said we are related, but even if they were my own siblings, I would not allow them to operate without a permit," he said. "This is like a case of offenders masquerading as victims," he added.*CGS

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