Businessman gripes on closure of cafe without court order
Cebu City Mayor Michael Rama poses with businessman Adrian Lee in this April 29 photo. Lee alleged that Rama visited their construction area and threatened to cut his building into half. (Contributed Photo)
For closing his family’s coffee shop and allegedly threatening to “cut” his building into half, a businessman petitioned the Ombudsman-Visayas to dismiss Cebu City Mayor Michael Rama from government service.
Businessman Adrian Lee said Rama ordered Camia Street Coffee Shop shuttered on July 2 for lack of a business permit.
He also said Rama claimed that the city government will implement a 20-meter road widening project along Don Jose Avila Street, where the coffee shop is located.
But Lee said 16 other establishments are operating along the same side of the street and these have not been ordered closed.
“Why are the foregoing businesses or establishments not required to set back? Why are they still in business? Why are they not cut down in half by Mayor Rama?” Lee said in his complaint, which was filed before the Visayas Ombudsman last Friday.
Forum shopping
Rama said he has asked the City Legal Office to review Lee’s complaint against him.
“I think that was already addressed. Is that a new one again? I’ll just give that to our city attorney. Anything legal will be brought to Jerone Castillo. He’s aware of the intricacies and the surroundings,” he said.
The City Legal Office has yet to receive a copy of Lee’s complaint.
City Hall lawyer Bernard Inocentes Garcia, who is handling the issue on the coffee shop, said this is not the first time Lee filed a case on the closure order.
“For the record, the building owner has filed five separate cases over one and the same building, and so this complaint before the Ombudsman would be the sixth.
Recently, his case against Mayor Rama over the same closure order has been dismissed by the court for lack of merit and for forum shopping,” Garcia told Cebu Daily News.
He said he hasn’t officially received a copy of the complaint although he’s already heard about it.
In the earlier court order dismissing Lee’s complaint, the court stated that since the business permit expired on
April 20, Lee has no more right to be protected by the court from the closure.
Surprise
Lee said the closure order came as a surprise since they have not been issued any prior notices of violation.
He said his sister Elaine offered to pay the two percent interest per month and the 25 percent surcharge imposed for continuing their operation pending the issuance of a new business permit.
But Lee said their payment offers were never received by the City Treasurer’s Office.
Lee said they used a temporary business permit which expired on April 20 due to the revocation of their locational clearance by the City Zoning Board.
A locational clearance is a requirement in the issuance of a business permit.
Lee said they have a pending appeal with the Department of Public Works and Highways (DPWH) on the revocation of their locational clearance.
“I’m not careless when it comes to my business. I applied for a permit prior to construction. Now that the building is finished that’s when they revoke the building permit,” Lee said.
Interest
Lee, a resident of Tres de Abril in barangay Labangon, also checked with City Hall and found that there is no pending road widening project in their area nor is there an appropriation set aside for the purpose.
Lee alleged that a friend of the mayor wants to buy the property occupied by their cafe.
He recalled that Rama visited their area on April 29, 2014 while construction of their cafe was still ongoing. The mayor ate in a nearby eatery while they spoke.
Rama told him that his friend has been sending him text messages even late at night to express interest on their coffee shop lot.
Preference
Before Rama left, Lee said the mayor allegedly told him, “You let your lawyers prepare, I will cut your building in half!”
In his complaint, Lee alleged that Rama caused undue injury on him and his sister Elaine for having their coffee shop closed even in the absence of a court order.
Lee claimed Rama also deprived him of benefits from the use of the lot and two-story building that the coffee shop occupies to give preference to a friend.
Lee said they invested P5 million in their cafe business.
He bought the 111-sq.-meter lot in 2012 and had a two-story structure built while Elaine, an overseas Filipino worker (OFW), spent for the coffee shop and restaurant.
Grave misconduct
They started operations in August 2014 and earned between P10,000 and P11,000 per day.
Lee said they have been counting their losses since their coffee shop was closed. Their eight employees were left jobless.
In his complaint, Lee accused the mayor of violating the Anti-Graft and Corrupt Practices Act and of falsifying public documents.
He also charged Rama with grave misconduct, serious dishonesty, and gross neglect of duty.
Lee said Rama lied when he used as basis for the closure the revocation of its locational clearance and building and fencing permits when they are still pending appeal with the Department of Public Works and Highways (DPWH).