Court drops Rico’s reopen bid
JUDGE James Stewart Himalaluan has dismissed for being moot the petition filed by the management of Rico’s Lechon, which sought to reopen three of their branches in Cebu City.
Himalaluan, of the Regional Trial Court Branch 7, dismissed Rico’s petition for a preliminary mandatory injunction as the petitioner’s business permits applications for 2017 already lapsed.
“Thus, the matter of whether or not petitioner should be issued a business permit for the year 2017 has become moot and academic,” read Himalaluan’s four-page order dated Feb. 26.
In December 2017, Deolito Alvarez, counsel for 3MRS Dionson Corp., the operator of Rico’s Lechon, filed a motion for reconsideration on the denial of their petition for a preliminary mandatory injunction.
Judge Himalaluan denied “for lack of legal basis” the writ of the preliminary mandatory injunction filed by 3MRS Dionson Corp. against Mayor Tomas Osmeña and Cebu City Treasurer Tessie Mararillo.
The preliminary injunction would have compelled City Hall officials to issue the business permit so Rico’s Lechon could reopen its two branches and a commissary.
Last Aug. 22, 2017, the management of Rico’s Lechon filed the civil petition for mandamus with an urgent application for a 72-hour temporary restraining order, and preliminary injunction/status quo order against Osmeña and Camarillo.
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 last Aug 2.
The branch on F. Cabahug St. has not renewed its business permit for five years, while the one on Escario St. did not secure a business permit from the City since the start of its operation last year.
Such acts violated the Cebu City’s Revised Omnibus Tax Ordinance, the City Legal Office said.
The closure of its commissary in Barangay Talamban followed.
Enrico “Rico” Dionson, founder and chief executive officer (CEO) of Rico’s Lechon, suspected that City Hall closed their two branches after they told Bea Villegas-Osmeña that they were ending their business partnership.
Bea is the wife of Miguel Osmeña, the only child of Mayor Osmeña. She owned 30 percent of Rico’s Lechon-Mabolo branch.
Dionson said that the mayor refused to issue him business permits despite compliance with all requirements for the business permit application.
Osmeña, through the City Legal Office, asked Himalaluan to deny the petitioner’s application for a writ of petition preliminary mandatory injunction.
City Hall’s lawyers said the petition ought to be dismissed because the petitioner failed to secure business permits for five years, from 2013 to 2017.
The petitioner asked Himalaluan to reconsider his order and issue the preliminary injunction to allow Rico’s Lechon to reopen its branches and commissary and to allow them to operate while the merits of the case are being heard.
In his order, Judge Himalaluan denied Rico’s motion for reconsideration for lack of merit. The judge disagreed with the petitioner’s argument that the non-compliance of their business permits was due to the blank business application.
“Moreover, the court finds that the omission to cite those deficiencies or lacking requirements in the notice to comply and show cause order by the Office of the City Treasurer and the City Mayor, respectively, is not done by them arbitrarily, whimsically and capriciously,” the order read. (GMD)