Mandaue Clearing Sidewalks - The Effect of "Beautification"

[monroy]

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if squatting is against the law, then we shouldn't call them squatters.. we should call them criminals..

i have been manipulated by this sane logic..

Whatever tuff guy...

[reptoid]

Yea I agree with you its just more red tape in a business environment that's already full of red tape. But that's a separate discussion altogether, if we can abolish business permits being issued by mayors, we should do it. What is being discussed here is whether or not the mere issuance of business permits excuses illegal acts and the answer is plainly no.

It may not be so simple. There was a case in the UK where a woman called Cynthia Payne ran what was essentially a brothel. She was facing criminal charges, but because the Inland Revenue had been demanding tax on her considerable income she argued that either her illegal operation had in practical terms been recognized as a legitimate business or that the Inland Revenue were benefiting from immoral earnings and therefore complicit to a criminal act.

[Crimson_Viper]

Whatever tuff guy...

i myself know that ignoring/hating our gov doesn't change/help a thing about our country..

but you sir, are a different person.. maybe u can help them make a difference in this country.. who knows.. maybe u'r "the one"..

[monroy]

It may not be so simple. There was a case in the UK where a woman called Cynthia Payne ran what was essentially a brothel. She was facing criminal charges, but because the Inland Revenue had been demanding tax on her considerable income she argued that either her illegal operation had in practical terms been recognized as a legitimate business or that the Inland Revenue were benefiting from immoral earnings and therefore complicit to a criminal act.

The UK uses a totally different system. In our country the state is completely immune from suits under sovereign immunity. In the UK the government can be sued and be held liable in a civil suit. And in any case, in the UK if you tried squatting anywhere you will be met with a very violent police response because they respect and uphold the rule of law.

[reptoid]

Not suing the government, rendering their case invalid. You see the inadequacies displayed by the city here in issuance of permits presents an opportunity for class action. I know the vendors have no money, but an ambitious attorney looking to make a name for himself could cause problems, problems which would not exist had the authorities been diligent.

I don't care about the future of vendors who should not be there, but I do care that the rule makers should not also be the rule breakers. Either a person qualifies for a business permit or they do not. That piece of paper should have some value.

[monroy]

Not suing the government, rendering their case invalid. You see the inadequacies displayed by the city here in issuance of permits presents an opportunity for class action. I know the vendors have no money, but an ambitious attorney looking to make a name for himself could cause problems, problems which would not exist had the authorities been diligent.

I don't care about the future of vendors who should not be there, but I do care that the rule makers should not also be the rule breakers. Either a person qualifies for a business permit or they do not. That piece of paper should have some value.

Rendering what case invalid? I don't think a case has been filed yet. No decent attorney would take this case because it has no chance of winning.

[reptoid]

You wouldn't need to win, simply cause an obstruction to progress, slow things down long enough and politicians won't be able to parade their achievement to the electorate ahead of reelection. A financial settlement would probably emerge just to make them go away.

[monroy]

There are lots of 2-bit attorneys so you may be right. But that doesn't mean they will win or even receive a single cent. Not everything results in a settlement. There are lots of voters who like what the government did in this case because for once we have a government that believes in public interest instead of special interest, so I think any litigation by the squatters against the government is only going to result in people turning against the squatters, not the other way around.

I am sure I'm not the only resident or business person in Mandaue who resents people that use public land for free while I have to either buy land or pay rent to do business. The same rules have to apply to everybody, no exceptions. I don't apply for a business permit, if I'm using land that isn't mine.

[reptoid]

Obviously squatters are a nuisance and I don't like them. The point I'm making is that the authorities in dereliction of their duties have brought into question the purpose and validity of a business permit.

Voters want politicians who get things done and this permit fiasco does nothing, but hinder progress. There is a lesson to be learned here, hopefully someone in a position of authority is listening.

[AwGoootchLBM]

Mandaue closes 15 businesses
By Flor Z.Perolina (The Freeman) Updated May 05, 2011 12:00 AM Comments (0)

A staff of Mandaue City legal officer Jamaal James Calipayan posts a closure notice on the door of the golf shop of Cebu Golf Academy, which reportedly operating without business permit from the Mandaue City Hall. JOY TORREJOS
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CEBU, Philippines - Mandaue City started its crackdown on illegal businesses yesterday forcing 15 to close shop for failing to secure permits.
The closure order was signed by Mayor Jonas Cortes last March 16 and March 23, but was only enforced this week.
A team from the City Legal Office led by asst city legal officer Jamaal James Calipayan, who was accompanied by personnel from the Mandaue City Police Office as well as members of the SWAT, enforced the closure order yesterday morning.
There were 14 small businesses that were closed, mostly eateries and small stores along M.C Briones St. in barangay Centro.
Also ordered to stop operations was Cebu [COLOR=blue !important][COLOR=blue !important]Golf[/COLOR][/COLOR] Academy along A.S. Fortuna St. in barangay Banilad.The permit of this establishment was revoked.
Those ordered closed were Sr. Pedro, Pepang Lomi and Batchoy, Ponpon Eatery, Abukay Tero Supply, Renants Foods and Drinks, N.B Vulcanizing, Lurbia Bbq, Paz Baker, Pido Prito, and small stores owned by Benita Dañas, Alicia Dabon, Rosita Daclan, Marite Pedrano, and Euprocino Pedrano.
Reacting to allegations that the city is only running after the small businessmen, Calipayan said that the order to close the Cebu [COLOR=blue !important][COLOR=blue !important]Golf [COLOR=blue !important]Academy[/COLOR][/COLOR][/COLOR] is proof that nobody is spared.
In fact, Cebu Golf Academy was ordered closed last Monday yet.
He said that their office found out that the last time that these small businesses were able to secure their permits was in the year 2000 yet.
He also said that although the golf [COLOR=blue !important][COLOR=blue !important]driving [COLOR=blue !important]range[/COLOR][/COLOR][/COLOR] was able to secure a business permit last year, this was, however, revoked after homeowners living at Green Plains Subdivision, which surrounds the range, lodged a complaint at the city hall last year.
They alleged that despite the nets being installed by the golf driving range, balls would often still land in their yards and homes causing damage to property and physical harm.
Calipayan said that the driving range was already slapped with a closure order last year, but they learned that it did not heed their order and to stop operations.The team once again ordered it to cease operations after an inspection last Monday. The golf driving range will only be allowed to reopen if it puts in place measures to ensure that the balls would not get past its safety nets as well as execute an affidavit of undertaking that the company will pay for damages caused by wayward balls whether to the persons hit or the structures.
Calipayan said that in the days to come more establishments that are operating without permits will also be closed.—/NLQ (FREEMAN)