THE Cebu City Government has asked Regional Trial Court Judge Gilbert Moises to reconsider his order stopping the City from closing 27 BDO branches.
Mayor Tomas Osmeña and City Treasurer Tessie Camarillo filed a motion seeking to reverse Moises’ writ of preliminary injunction for being “moot and academic.”
The city officials labeled as “gag order” Moises’ ruling, saying that this violates their constitutional right to freedom of speech.
“The need to prevent their violation cannot per se trump the exercise of free speech and free press, a preferred right whose breach can lead to greater evils,” read the city officials’ pleading.
In his nine-page order dated March 28, Moises, the Cebu City executive judge, granted BDO’s preliminary injunction, which barred the City Government from closing its 27 branches in the city.
Moises also ordered Osmeña to refrain from making any statement to the media about his desire to close BDO branches in the city.
Last Feb. 13, BDO Unibank Inc., through the ACCRA Law Firm, filed the mandamus petition against the respondents before the Regional Trial Court.
City Legal Officer Joseph Bernaldez had argued that BDO’s petition contains “serious legal defects and infirmities.”
Contrary to the bank’s claim, Bernaldez said the mayor’s responsibility is discretionary, and not just ministerial, in the applications for business permits.
But Alvin Go, counsel for BDO, said that non-payment of correct taxes is not considered as enough ground to close the establishment or not to renew its business permit.
Pursuant to Anti-Red Tape law, Go said the mayor should act on business permit applications after the applicants have complied with the requirements.
Osmeña filed a criminal complaint before the Office of the Cebu City Prosecutor against the BDO executives and Board of Directors last Dec. 4, 2016.