Rico’s Lechon stores stay closed

The stores of Rico’s Lechon the Cebu City government shut down in August will remain closed, at least for now.

The Regional Trial Court (RTC) - 7 denied the petition of Rico’s Lechon’s owner, 3MRS Dionson Corporation, to stop the city from closing its stores.

In a decision penned by Judge James Stewart Ramon Himalaloan, the court said the city followed due process in closing the stores in Barangay Camputhaw and Barangay Panagdait, as well as its central commissary in Barangay Talamban for absence of a business permit.

“Unlike then Mayor Lim of Manila, Mayor Osmeña did not act whimsically in the closure of petitioner’s business establishment. He observed due process. The illusion of ill-motive pictured by the petitioner against Mayor Osmeña is not even ostensible,” Himalaloan said.

Himalaloan said he ruled on the petition based on the hard evidence and not by the “hooting of public opinion purveyed by news reports as petitioners tried to portray the exhibits.”

The court also noted that Rico's Lechon failed to fulfill other requirements, including a barangay clearance, sanitary health clearance, fire safety inspection certificate, environmental compliance certificate, articles of incorporation, and contract of lease or tax declaration.

Himalaloan said 3MRS Dionson Corporation failed to establish that it suffered irreparable damage due to the closure of the stores.

“The possibility of irreparable damage, without proof of violation of an actually existing right, is no ground for an injunction being a mere damnum absque injuria,” the decision reads.

With the denial of a writ for preliminary mandatory injunction, the court scheduled a pre-trial of the case on December 20.

FILE PHOTO City Hall personnel put a notice on the gate of Rico’s Lechon commissary after the city government ordered its closure last August. The stores will stay closed after the court denied the management’s application for preliminary injunction.