Viray: Lawyering for the City

DO NOT fight “City Hall.”

This is not a challenge. It is more of a call of respect to the local government unit.

Since our assumption into office, as a legal officer, we have had the privilege of representing the City of San Fernando in several cases we consider significant.

1. T2 Raf Electronic Gaming Station was granted a license to operate E-Bingo. Upon inspection of its premises, it was discovered that it operates slot machines. The Business License and Permit Division recommended its closure and the company was closed by the City Mayor. The firm filed an Action for Declaratory Relief with Injunction in Calamba, Laguna. Issue: Whether or not the Sangguniang Panlungsod and the City Mayor can withdraw the authority given to E-Bingo outlets that are utilized for gaming purposes. The City won the case when the Regional Trial Court of Laguna dismissed the suit.

2. Liquigaz demanded a tax exemption from the City and filed an appeal under Section 195 of the Local Government Code. Branch 46 of the Regional Trial Court of Pampanga granted the exemption. We were just warming our seat as the Legal Officer so we filed a Motion for Reconsideration. We argued that the Court should set aside the exemption since the Court lacks jurisdiction. The decision was REVERSED winning the case for the City. Liquigaz appealed to the Court of Tax Appeals. The Appeals Court upheld the lack of jurisdiction so the City was sustained.

3. Atty. Eligio Mallari filed a case before the Ombudsman against the City Mayor. He wanted to exercise possession over the tenants’ objection in lots located in Maimpis. The complainant filed Grave Misconduct and Violation of Anti-Graft [R.A. 6713, Section 5 (a)] because the Mayor intervened to prevent violence. The Ombudsman dismissed the case for lack of probable cause.

4. The Legal Department filed Petitions for Issuances of Duplicate Copies of the Titles for two public markets. New titles are now in the custody of the City by virtue of the diligence of the administration to secure copies of the real properties registered in its name.

5. The City of San Fernando, in collaboration with the Solicitor General filed for the annulment of the Contact of Sale of the Paskuhan Village. In the meanwhile, the recommendation of the House to file the case was set aside by the Senate. We had to act fast and protect the interest of the City so we enter into a Compromise Agreement where the City was given 5,000 square meter portion plus a building worth Ten Million Pesos (P10,000,000) or the conservative estimate of Twenty Thousand Pesos (P20,000) per square meters, the lot is worth One Hundred Million Pesos (P100,000,000). We recovered a cultural treasure (Atin ku pung singsing), plus the City became P110,000.000 richer.

6. Pampanga Fernandino United Merchants and Traders Association (PFUMTA) wanted to stop the demolition and the construction of the Old City Market via Injunction. The Legal Office argued that the lease enjoyed by stallholders is not a right but a mere privilege. The Regional Trial Court Branch 47 stated that there is not enough justification to stop the modernization of the market.

The Legal Department of the City of San Fernando is proud to have acted and defended the City in the most favorable manner.