The Bacolod City Legal Office enforcement team implemented closure orders yesterday morning against F-Channel 13 for lack of a Mayor’s Permit, and the Warehauz Restaurant for allegedly engaging in child prostitution.

F-Channel 13 is located at Lacson-B.S. Aquino Drive and Warehauz Restaurant (formerly Sid’s Bar) is along Lacson-21st Street in Bacolod City.

City Legal Officer Allan Zamora yesterday said F-Channel 13 has not been issued a Mayor’s permit to engage in business in Bacolod City due to under-declaration of gross income or gross receipts.

He said that as early as April 28, 2008 the City Treasurer’s Office sent an examiner to examine the books of accounts and other pertinent documents of F-Channel 13. However, F-Channel 13 failed to present its records for January to December 2007, he said.

Zamora said that on May 14, he wrote F-Channel 13 informing them of their under-declaration. He said F-Channel 13 only declared a gross income last year of P240,000, or a monthly income of P20,000 when it has five employees, and  has to pay for power, water and for the rent of the building, and fees to Sky Cable.

On May 21, the lawyers of F-Channel 13 wrote Licensing Officer Ardis Jaculina demanding for the release of their Mayor’s permit within five days from receipt of the letter, Zamora said. Jaculina referred the letter to him and on May 22, he answered the lawyers reiterating the stand of the city that they cannot be issued a Mayor’s permit due to under-declaration of gross receipt or gross income, he said.

Zamora said F-Channel 13 chief executive officer Franklin Villanueva failed to pay their tax deficiency of P11,591.25 in full notwithstanding the period given to them. All they did was pay the city on June 20 the amount of P4,091.25, he said.

Such payment of F-Channel 13 is a very clear admission that it under-declared its gross income or gross receipts for the year 2007, he added.

Zamora said Villanueva was given three months to settle all his tax deficiency with the city, in reaction to allegations that he was singled out. “I could have closed down F-Channel 13 as early as May 14 if his allegations are true,” he said.

After the closure order was implemented, the lawyer of Villanueva came to his office to settle the balance of their tax deficiency, Zamora said. “I told their lawyer that that is no longer within my jurisdiction or authority since it is only the Mayor who can decide whether to accept the payment and issue Mayor’s Permit,” he said.

Zamora said his authority from the mayor is only to issue a closure order and he has no authority to recall any closure order which he has issued.

Zamora also wrote Bacolod police director Senior Supt. Ronilo Quebrar yesterday to arrest Villanueva and charge him criminally with violation of City Ordinance 93-001, Series of 1993, or the Revenue Code of Bacolod of 1993 if he continues to air his program.

He said that under Section 25 of Revenue Code, one must first secure a mayor’s permit before conducting business in Bacolod. Operating without a Mayor’s Permit is punishable under Section 62 of C.O. 93-001, he added.

Meanwhile, Sky Cable operations manager Raul Montinola Jr. wrote Villanueva yesterday that they are canceling his program for violating, for the second time, their agreement last March 25, 2008 against issuing libelous statements on-the-air.

“Your violation of our March 25, 2008 agreement by making or allowing libelous statements to be said on the air leaves us no choice but to take the agreed action against you…to cancel your program, not because of the request of the CLO, but to prevent a repeat of the violations for which you have been properly warned,” Montinola said.

 Zamora said Villanueva paid a post-dated check and the city cannot issue a receipt for a post-dated check.

Villanueva, on the other hand, said that what the CLO did was an “oppression and suppression of press freedom.”

“It is very clear that if we are critical of the City Hall, they will clamp (on) us down…,” he said, noting that he was “among those who caused the cancellation” of a recent deal by the Bacolod government to purchase dump trucks.

“It is very clear that what Zamora did was not authorized by Mayor Evelio Leonardia,” Villanueva said.

He claimed that under the Local Government Code, Zamora can only recommend the closure of a certain establishment to Leonardia and it depends on the mayor if he will approve it.

Villanueva said that he already had a claim stub for their mayor’s permit that was scheduled on April 17 but it was “snatched” by Zamora from the Permits and Licensing Division.

Villanueva also said that based on Zamora’s letter to him, the CLO was not sure if they had indeed underdeclared their station’s earnings.

He said that he is now consulting with his lawyers and that they will “find ways and means” to continue their operations.

Meanwhile, Zamora said that on June 5, he received a memo from Senior Insp. Luisito Acebuche, Police Station 2 commander, saying that Warehauz is allegedly engaging in child prostitution because they have rescued a 14-year-old girl from the bar.

Acebuche’s group conducted an operation that led to the arrest of an alleged pimp at Warehauz in May.

Sidney Chua, the bar’s co-manager, could not be contacted for comment yesterday but he had earlier said that he hopes that the Bacolod government could give him consideration.

Chua had also maintained that he had neither profited nor tolerated the alleged illegal activities at the commercial establishment.*CGS/PP

back to top