THE Cebu City Government has asked a court to dismiss the petition filed by the owner of Jerome’s Pawnshop and General Merchandise for the closure of its nine branches.
In a 56-page position paper and answer to the petition, the City said the petition is already moot and academic that warrants immediate dismissal because the closure order was already implemented.
Last March 8, the City, through the Prevention Restoration Order Beautification and Enhancement (Probe), closed nine branches of Jerome’s Pawnshop for allegedly violating Bangko Sentral ng Pilipinas (BSP) rules.
It prompted Diogenes “Jerome” Avila, the owner of the pawnshop, to file a civil petition for injunction with prayer for temporary restraining order (TRO) and writ of preliminary injunction.
Named respondents of the petition are Cebu City Mayor Tomas Osmeña and Probe.
City lawyer Carlo Vincent Gimena said their position paper was filed in court last Wednesday, March 20.
Because of the petition being moot, the City said the court lost its jurisdiction over it.
“The above closure undoubtedly constitutes as a supervening event rendering the instant case moot and academic giving rise to the ground of lack of jurisdiction over the subject matter of this case since such event caused the cessation of said case to present a justiciable controversy so that an adjudication thereof or a declaration on the issue would be of no practical value or use,” the City said in its position paper.
Apart from it, the City also said that Avila's petition has no clear and unmistakable right to be protected, as he failed to comply with all the requirements for the issuance of building permit and license or authority from BSP to operate his pawnshop.
Though the pawnshop paid business taxes, it has no permanent mayor’s business permit, which can only be granted if it fulfilled one requirement of the City Treasurer’s Office, which is to acquire a clearance from the BSP, city lawyers said.
City lawyers added Osmeña is just doing his job as mayor in seeing to it that all those granted with business permits have faithfully complied with all the laws and rules regulating their business permits pursuant to the Local Government Code.