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The owner of the Happy Bingo at SM City Bacolod that was padlocked
by the city for lack of a Mayor's Permit, yesterday said they respect
the decision of the Court and will study what legal action to take.
However, Claude Puentevella, a son of Rep. Monico Puentevella,
said, they stand firm that they have applied for a business permit.
The Regional Trial Court dismissed for lack of merit the petition
for mandamus filed by his company, Phuture Visions Co. against the
city officials of Bacolod City for implementing the closure order.
In his 17-page decision dated March 20, RTC Judge Ramon Delariarte
said the petitioner has no right to operate bingo games at SM Bacolod
because it does not have a Business Permit and has not paid the
assessment for bingo operation. Hence, he said, the city acted lawfully
in stopping his bingo operation on March 2 and closing its establishment.
The order was issued without prejudice to the petitioners
filing an application for Mayor's permit specifically for bingo
operation.
During a press conference yesterday, Puentevella said the
Court did not see the bigger picture that what is happening is not
about business, but political. "If it were not election time, this
would not have happened," he said.
Another son, Brian Puentevella, said that if they were not
the children of Congressman Monico Puentevella their business would
not have been padlocked.
Claude said they wanted to seek justice from the Court because
they believe they will not be given a permit for bingo operation
by the city since, he claimed, it was already promised to a favored
operator.
Nikki Puentevella, also another son, said they are victims
of political harassment.
Claude said the city could have helped them if there were
problems with their papers. He said their father is not involved
in the business, when asked about the solon's reaction to the Court's
decision.
Meanwhile, in his decision, Delariarte said the Mayor's Office
had already decided and released a Business Permit for "Professional
Services, Band/Entertainment Services" dated Feb. 19, 2007 to Puentevella.
However, he said it cannot reasonably expect to receive a Mayor's
Permit for "bingo operations" unless and until it files a new application
specifically for bingo operations, submit the necessary requirements,
and pay the corresponding assessment.
Delariarte also stated in his decision that the court does
not have the power to compel the mayor to grant or deny the issuance
of a business permit for a bingo operation on the basis of a "falsified/altered
application."
Meanwhile, Bacolod Mayor Evelio Leonardia, in interviews after
the closing of the bingo establishment, stressed that he would close
any business in the city, even if it were owned by his own siblings,
if it did not have the required business permit.
He also said that, aside from the tampered application also noted
by the judge, the address of the company in it was in Brgy. 5, while
SM, where the bingo operations were to take place, is located in
Brgy. 12.*CGS
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