Court denies Rico’s plea, keeps 3 branches closed

THE three branches of Rico’s Lechon which the Cebu City Government ordered to shut down will remain closed. The court denied a plea for a writ of preliminary injunction that its owners had filed. 

In an order received by the City Legal Office yesterday, Judge James Stewart Ramon Himalaloan of the Regional Trial Court Branch 7 gave importance to the arguments raised by the City in the issuance of the business permit of Rico’s Lechon. 

Judge Himalaloan said that the power of the mayor to issue business licenses and permits is not questionable and such authority also carries with it the corollary power to suspend, revoke and even refuse to issue the documents if there are violations. 

“Mayor (Tomas) Osmeña did not act whimsically in the closure of the petitioner’s business establishment. He observed due process. The allusion of ill-motive pictured by the petitioner against Mayor Osmeña is not even ostensible,” read a portion of the order. 

With the favorable ruling from the court, City Attorney Joseph Bernaldez said closure of the three branches of Rico’s Lechon will continue. 

“Since they did not secure any injunction, the closure is still in effect. As to what the City will be doing next, it will be up to the mayor already,” he told SunStar Cebu. 

When sought for comment on the development, Osmeña said the development goes to show that what they’re doing is legal and right. 

“That’s very good development because it’s amazing how someone makes half a million a day and doesn’t pay his business tax,” he said. 

Osmeña said the City will pursue with the filing of tax evasion case against the management of Rico’s Lechon. 

Last August, 3MRS Dionson Corp., the operator of Rico’s Lechon, filed a civil petition for mandamus/certiorari with a writ of preliminary mandatory injunction against Osmeña and City Treasurer Tessie Camarillo to compel the City to issue their business permit. 

Prior to that, the City shut down their two branches and a commissary for operating without an approved final business permit.

Last Aug. 2, Osmeña ordered the closure of two Rico’s Lechon branches on Escario St. in Barangay Capitol Site and on F. Cabahug St., Barangay Mabolo for lack of business permits.

The closure of its commissary in Barangay Talamban also followed. 

Himalaloan also set the pre-trial of the civil petition for mandamus/certiorari that management of Rico’s Lechon on Dec. 20. 

SunStar Cebu tried getting the side of Rico’s Lechon, but the management opted not to comment further on the development. (RVC)