POCA
These past few days were quite busy for BDO’s Magallanes branch, which secured a 30-day restraining order from the court to stop the closure order issued by City Hall for violations cited by Cebu City Mayor Tomas Osmeña.
An institution especially in the private sector can always seek the court’s help if it thinks it is being bullied by a local government authority which abuses the power granted to it by the law.
In BDO’s case, due process of law was highlighted in the court’s decision to issue a 30-day restraining order.
The court was instrumental in reminding City Hall and the bank to come into an amicable settlement on their dispute.
Though the mayor continues to declare that the days of BDO Magallanes branch are numbered, the bank can always go to court to seek protection especially if it is doing legitimate business.
The mayor cannot just close down any establishment doing business in the city without inviting court action because we live in a country of laws and not of men and these laws should be upheld to maintain the peace.
Look at the case of Sen. Antonio Trillanes IV who accused President Rodrigo Duterte of amassing unexplained wealth. Due process dictates that the aggrieved or complainant should go to court to prove his or her allegations.
President Duterte responded by ordering the Anti Money Laundering Council (AMLAC) to look into the records of his accounts to determine if what the good senator is saying is true.
Trillanes promised to resign as senator if his charges were refuted adequately while presidential children Sarah and Paulo both promised to donate the money to the victims of the Surigao quake if the senator’s allegations were proven true.
The same due process protection applies to Sen. Leila de Lima who is now facing an investigation from the Department of Justice (DOJ), a Cabinet agency she used to head before she ran in last year’s elections.
The high-profile charges notwithstanding, the DOJ has its work cut out for them to prove that Senator De Lima did indeed coddle and benefit from the drug lords. That is all part of due process.