A REAL estate firm has asked Acting Cebu City Mayor Raymond Alvin Garcia to shut down the operations of eight establishments, including two funeral homes, located in Panorama Heights, Nivel Hills, Barangay Lahug, for allegedly operating without valid business and Mayor’s permits.
This was after the real estate firm alleged that the suspended Mayor Michael Rama “refused” to act on their complaint.
In a letter dated July 15, 2024 and addressed to the Cebu City Council, the Santos Realty Investment Corp. urged the city council to pass a resolution that will mandate the Executive Department to exercise its duties and responsibilities by issuing a closure order against Crystal Palace Funeral Homes, Cosmopolitan Funeral Homes, Inc. (CFHI), Dolce Cafe, Belle Fleur Styling Shop, Anzani Restaurant, Ori Izakaya Japanese Restaurant, Belini/ Imagene Bar, and Holly Dawn Home and Design.
Augusto Santos Jr., Eduardo Santos, Samuel Dychangco, and David Santos, who were signatories of the letter and co-owners of the Santos Realty Investment Corp., urged Garcia to act upon the matter.
The Santos Realty Investment Corp. argued that it owns the property where the mentioned establishments are situated and has been operating for years already.
It said they previously wrote to suspended Mayor Michael Rama regarding the CFHI’s continued operation even without the required Mayor’s permit for years already.
However, Rama allegedly refused to act on their complaint, citing that there is a pending civil case with respect to the ownership over the land where the CFHI operates its business.
The firm, however, maintained that “the pendency of the case does not detract from the fact that the CFHI does not have any permit to operate its business.”
“Clearly, then Mayor Rama, the suspended Mayor of Cebu City, has given undue advantage to the owners of CFHI when he allowed the business to operate sans the Mayor’s permit,” reads a portion of the letter. It also alleged that the “favor” was given because Rama was friends with the CFHI owners.
“We respectfully hope and trust that with the new administration in our City, under your leadership, this injustice may be corrected. CFHI should not be allowed to continue its operation as doing so would constitute the act of giving ‘ unwarranted benefits, advantage or preference’, in the discharge of official functions,” the signatories told the Acting mayor.
Sought for comment, Rama, in a text message to SunStar Cebu on Saturday, said this has to be checked by the City Attorney and the City Administrator.
“Please have it checked with the city administrator Collin Rosell and the city attorney, this being legal matters,” said Rama.
Graft complaint
The real estate firm accused Rama of violating the Anti-Graft and Corrupt Practices Act or Republic Act 3019. It added that they have prepared a complaint to be filed with the Office of the Ombudsman-Visayas against Rama and other officials involved in favoring CFHI.
The firm added that the CFHI has failed to address the deficiencies and violations that were identified by the Department of Health (DOH) in Central Visayas following its inspection last May 2022.
The DOH 7 earlier recommended that the establishments secure appropriate health permits, secure sanitary and business permits from the City Government, and cease commercial operations pending the presence of the said permits.
On Dec. 12, 2022, the Cebu City Legal Office (CLO), in a legal opinion, requested Rama to issue closure orders against these eight establishments for operating without a valid business permit.
This also came from the endorsement of the Business Permit and Licensing Office last Sept. 1, 2022, to act upon the matter.
However, CLO head Carlo Vincent Gimena, in a text message on Saturday, said that the department’s recommendation in 2022 was only recommendatory.
“It was actually modified by Atty. (Colin) Rosell (suspended City Administrator) at that time in a separate letter because there was still a pending case between the concerned parties. Our action was just recommendatory subject to the sound discretion of the chief executive who may delegate the matter to the city administrator,” Gimena said.
“Also, as far as I can recall, Atty. Rosell also suggested for the concerned parties to settle the matter amicably,” Gimena added. / EHP