Thursday, March 22, 2007 Court junks mandamus case of bingo operator By Erwin Ambo S. Delilan
JUDGE Ramon Delariarte of the Bacolod City Regional Trial Court dismissed the petition for mandamus filed by the sons of Bacolod Lone District Rep. Monico Puentevella against Mayor Evelio Leonardia, City Legal Officer Allan Zamora, and City Planning Officer Lemyel Reynaldo on the Happy Bingo issue.
In a 17-page decision, Delariarte junked the petition for lack of merit.
The Puentevella siblings filed a suit for mandamus and damages with prayer for the issuance of a temporary restraining order and writ of preliminary mandatory injunction against the three top city officials. The Puentevellas own Phuture Visions Corporations, Inc.
Sun.Star Bacolod tried but failed to contact any of the Puentevellas Wednesday night.
The City padlocked Happy Bingo on March 3, a day after its grand opening.
In his petition, lawyer Jesus Hinlo, counsel for PVCI, asked the court to order the removal of the padlock in the Happy Bingo outlet at SM City - Bacolod because it was illegally installed by the city.
He also asked Judge Delariarte to order the respondents (Leonardia, Zamora and Reynaldo) to allow the petitioner (PVCI) to conduct unhampered Bingo operations at the location pending the petition.
Hinlo claimed they have a business permit application and showed the claim slip issued by the City Permits and Licensing Division.
But the respondents vehemently deny the claim and maintained that the petitioner had no right to operate bingo games at SM Mall for lack of a mayor's permit.
Upon hearing both sides, Judge Delariarte stated in the order that the petitioner failed to prove the existence of the requisites thereby warranting a rejection of the prayer for the injunctive relief.
In reaction, Mayor Leonardia said the decision shows that the city is not retaliating against the Puentevellas but is only adhering to what the law requires.
