"When giants meet, the mountains tremble and the city suffers."

This was the opening statement of Regional Trial Court Judge Ramon Delariarte during the preliminary hearing of the case filed by Phuture Visions Inc. Co against the city officials for implementing a closure order against a bingo outlet at SM City-Bacolod early Saturday morning for lack of a Mayor's Permit. PVI, which opened Happy Bingo at SM being operated by the sons of Bacolod Rep. Monico Puentevella, filed a case for mandamus and damages with prayer for issuance of a temporary mandatory order and/or writ of preliminary mandatory injunction against Mayor Evelio Leonardia, City Legal Officer Allan Zamora and City Planning Officer Lemuel Reynaldo.

PVI, represented by lawyers Jesus Hinlo Jr. Inocencio Ferrer and Rolando Villamor, asked the Court to order the respondents to remove the padlock they installed and allow the petitioner, represented yesterday by Brian and Claudio Puentevella, to conduct unhampered bingo operations at SM City.

Zamora yesterday manifested an objection and asked the Judge for a specific ruling since he believes there is no legal remedy as a "temporary mandatory order." There is no such "animal" in the Rules of Court, Zamora was quoted as saying.

Hinlo said his clients are suffering irreparable damages with the closure of the bingo outlet at SM. He said the establishment is incurring actual losses of about P5,485 a day and P358,590 per month which represents petitioner's lease rentals, maintenance and electricity.

"In fact, they are the ones who should pay the city," Zamora said. It is normal for them to claim for damages but they have to prove it," he said.

They only paid about P19,000 when a bingo outlet operating at Robinson's Place with a gross sales of P53 million paid the city about P537,000 in taxes annually, he added.

Zamora said the Mayor's Permit applied for by PVI is not new and its business address is at 26th-Lacson streets, Brgy. 5, while the bingo outlet is at SM City in Brgy. 12. He suggested that PVI apply for a new Mayor's Permit like other tenants of SM City.

PVI, however, insisted that it will not apply for a Mayor's Permit.

Zamora said by the time PVI applied for renewal of its Mayor's Permit on Jan. 10 its Articles of Incorporation was not yet amended to include bingo operations. Its Articles of Incorporation was only amended on Jan. 31 and this was approved by the Securities and Exchange Commission on Feb. 27, he added.

Hinlo said the city has allowed Bayo and Kids of Bayo to operate at SM without a Mayor's Permit.

However, Permits and Licensing head Ardis Jaculina said Kids of Bayo has applied for a Mayor's Permit on Jan. 31 and has been issued permit no. 7355.

Hinlo accused the city of alleged tampering of the business permits of PVI since it has the original copy.

Jaculina said the tampering of the renewal of the Mayor's Permit of PVI could not have been done by City Hall since they do not have an electric typewriter in their office. She said the liaison of PVI, who submitted the documents to City Hall for processing, admitted that the typewriter that was used in the application belongs to PVI.

Zamora said PVI started operating the bingo outlet on March 2 without securing building and occupancy permits.

Meanwhile, Josefa Puentevella, the solons wife and who is a relative of Leonardia, said if the city is investor-friendly it should inspire young entrepreneurs to do business. She said she still believes they have a conscience and have pity since they also have children, she said. Who knows what has happened now may also happen to them, she added.

Leonardia said no one is exempted from the law even if they were his siblings. This is not a question of sympathy or emotions, he said.

Leonardia requested the solon not to use his children for politics. If they are law-abiding they should follow the requirement of a business permit, he said. Lawmakers should not be law breakers, he added.

Hinlo said they are willing to talk with the city and that he hopes the Mayor, being the father and leader of the city, would change his mind and reconsider his decision and act like a leader and not like a politician.

"Do you think a politician can close the bingo outlet?" Leonardia asked. "Only a leader can," he said.

"I can say they are the ones politicking," Leonardia said. "We should discuss the issue on the basis of merits and what is legal, he said. I hope they stop using their children as props for their political gimmickry," he added.*CGS

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