AVM files mandamus vs city gov’t, mayor-A A +A
Monday, August 25, 2014
AVM Bernardo Engineering, operator of the Bacolod City slaughterhouse represented by Glorydee Cometa, its plant manager, filed a mandamus case against the City Government and Mayor Monico Puentevella for withholding its business permit despite their compliance of all the necessary requisites.
The case was filed before the Regional Trial Court (RCT) last August 12.
The petition sought “not less than P200,000 for moral damages, plus exemplary damages of P50,000 or in such amount which is left at the sound discretion of the court.”
It stated that “Puentevella’s acts have tremendously caused serious anxieties, wounded feelings some sleepless nights, fright, tensions, stress, nervousness, undue worries and the like for which respondents shall be condemned to pay AVM (such) amount.”
To effectively and adequately protect its interest, AVM Bernardo said it is constrained to hire the services of Atty. Marvin Tañada in the sum of P60,000 plus P3,000 per appearance fee per court appearance per counsel.
In its petition, AVM said it started processing its business permit as early as January 2, 2014.
On April 22, it submitted to the City Mayor's Office License Division its application for business permit for 2014 along with the pertinent documents needed to secure the business permit as evidenced in the claim slip issued to AVM by a certain Rosenie Lapore.
In several instances, AVM has made follow ups with the License Division pertaining to the release of the business permit but the usual answer of the personnel at the License Division is that it is not yet signed by the mayor.
On June 20, 2014, AVM sent a letter to Puentevella, however, the request was not given due course.
Another letter was sent to Puentevella on July 9, 2014 requesting him to release the permit.
AVM also secured from the City Council the legal opinion of Atty. Cesar Beloria of the City Legal Office who reviewed the case and made a recommendation favorable to AVM.
But despite the said legal opinion, the mayor did not release the said permit, the petition said.
The AVM said it has fully and faithfully complied with all the requisites necessary to secure a business permit, yet the mayor has remained adamant to perform their ministerial duty to release AVM's business permit.
The petition added that “(t)he foregoing acts of Puentevella brought on the AVM material and moral deprivation thus seriously threatens the propriety rights and interest of the petitioner.”
Should the foregoing acts be sustained, it will cause further irreparable damage and injury to AVM, it further said.
AVM has no other plain, speedy and adequate remedy in the ordinary course of law other than this action.
The slaughterhouse operator said it was constrained to institute the case to seek intervention of the court to compel Puentevella to perform his ministerial duties towards AVM.
Published in the Sun.Star Bacolod newspaper on August 25, 2014.