By: Felipe V. Celino
ROXAS City – The Regional Trial Court Branch 18 dismissed a civil case against the Roxas City Government filed by businessman Macario Bermejo, Jr.
RTC Judge Ignacio Alajar dismissed the case for failure of the petitioner to comply with the required law with regard to business deficiency.
The Court also denied the Bermejo’s prayer for the issuance of a writ of preliminary injunction against the local government unit.
Bermejo, owner of KCM Trading, filed the civil suit against the City Government represented by Mayor Angel Alan Celino, City Treasurer Joselito Almodiente, SherlitaTumlos of the City Licensing Division, and Lenie Castro of the City Treasurer’s Office.
It was learned that the KCM Trading is a dealer and distributor of Coca-Cola Bottler’s Philippines, Inc. (CBPI) in Roxas City and nearby towns while its owner, Bermejo, is the brother of former Roxas City Mayor Vicente Bermejo, who lost twice to the incumbent mayor, the recent one during last May 13 elections.
On April 4 this year, the Treasurer’s Office informed the petitioner that the KCM Trading has a gross receipt of P73 million per annum and the business outfit had incurred P3,143,363.08 deficiency to the city government.
The petitioner, in his case, alleged that the city’s assessment of the firm’s deficiency for the period of 2009-2013 is an oppressive exercise of authority as the Local Revenue Tax Code of Roxas City was adopted only in 2010.
The petitioner said the amount referred to in the assessment is the gross receipt of KCM Trading on its entire business in the provinces of Aklan, Capiz and Iloilo. Bermejo also noted that KCM Trading has no branch or sales office in Roxas City while its business office in Capiz is in Poblacion, Panay town.
“Perhaps, the only liability of the petitioner, if indeed he is liable, is limited only to the commission derived from Coca-cola Bottler’s Philippines, Inc.,” Bermejo stressed in his petition.
In its five-page order dated May 23, 2013, the court said the petitioner may contest the assessment of the local treasurer or he may also go to court to question the assessment.
City Legal Officer Joseph Ador Ramos said the city government has given the KCM Trading a chance to refute the assessment, but instead of presenting the documents, Ador said the owner sued the city government.
Ramos, meanwhile, belied that there were politics involved because the election is already over.
