City gov’t asked to comment on Rico’s motion
The court has asked the Cebu City government to file within three days from receipt of the order its comment on the motion for reconsideration filed by Rico’s Lechon seeking to reverse the denial of a writ of preliminary injunction against the city.
Through lawyer Deolito Alvarez, 3MRS Dionson Corp., the registered name of the popular lechon maker, has filed a motion for reconsideration after Judge James Stewart Ramon Himalaloan earlier denied its request for the issuance of a writ of preliminary mandatory injunction.
Himalaloan denied the issuance of a writ for lack of legal basis. He ruled that 3MRS Dionson Corp. failed to comply with the requisite documents listed in the business application form for the issuance of a business permit to operate.
In its order, Himalaloan told the city government: “Defendants through counsel are given three days from receipt of this order to file comment to plaintiff’s motion for reconsideration to the order of the court dated December 6, 2017.”
Rico’s Lechon has insisted that it has complied with the requirements for the issuance of a business permit, thus asked for the reconsideration.
“The issuance of the preliminary mandatory injunction is warranted in view of the necessity to resolve the legal controversy so that the status quo will be preserved before full hearing on the merits of the case,” read Rico’s motion for reconsideration.
Rico’s said while there were legal controversies to be resolved by the court — whether they have legal right to be issued a business permit under its 2017 business permit application, whether respondents committed grave abuse in issuing the disputed closure order, whether they have complied with the requirements for the issuance of the business permit and be allowed to continue to operate — status quo must be maintained.
“As held by the Supreme Court, that if there are legal controversies between the parties and one of them is committing an act or threatening the immediate commission of an act that will cause irreparable injury or destroy the status quo of the controversy before a full hearing can be had on the merits of the case, the status quo must be maintained and for this reason the writ of preliminary injunction must be issued,” read the motion.
Rico’s central commissary in Barangay Talamban, Cebu City was ordered closed by the city last August 18.
Aside from the City of Cebu, other named respondents in a civil case for mandamus/certiorari with a writ of preliminary injunction are Mayor Tomas Osmeña and City Treasurer Tessie Camarillo.