By Joseph B.A. Marzan
The Cave Superclub in Mandurriao has complied with its commitments to follow rules set by the Iloilo City Hall.
This was the finding of the Business Permit Review and Investigation Committee which is composed by members of the City Legal Office.
In a 7-page resolution dated April 24, the committee found the club delivered on its in an Affidavit of Undertaking signed on July 15, 2022.
The affidavit, signed by its Assistant Operations Manager Danica Jade Acdol, acknowledged the club’s violations of the city’s Local Tax Ordinance No. 2017-016 including:
– Violation of law;
– Abusing the privileges to the injury of public morals and peace;
– Conducting business in a disorderly manner; and
– Permitting its usage as a resort for disorderly characters.
Cave was investigated following reports of fracas in the club and a lack of Closed Circuit Television (CCTV) cameras, which is a violation of City Regulation Ordinance No. 2011-307.
To prove its compliance, Cave submitted the following proofs: photographs showing that liquor are in plastic cups, not bottles or glass, bouncers or security personnel in action, a nearby police outpost, frisking prior to entry, deployment of licensed security guards and their training, posters with reminders and house rules, verified copies of police blotter reports, and actual footage and monitor from their CCTV system.
“It may well be worthy to note the basic principle of law that in administrative cases, the quantum of proof necessary is substantial evidence or such relevant evidence as a reasonable mind may accept as adequate to support a conclusion,” the resolution read.
“In the instant case, a careful review of the documents submitted to this Committee and the foregoing facts and circumstances, this Committee finds The Cave to have substantially complied with its commitments listed in its Affidavit of Undertaking dated 15 July 2022,” it added.
Accordingly, it was recommended that either the Business Permit and Licensing Office (BPLO) or the Task Force on Moral Values (TFMV) conduct periodic unannounced inspections on the club, along with a stern warning that future violations may warrant tougher sanctions.
“To ensure continued compliance by The Cave of its Affidavit of Undertaking dated 15 July 2022 as well as the laws, rules and executive issuances relevant to the conduct of their business within the City, it is hereby recommended that periodic unannounced inspections be conducted by the BPLO and/or the Task Force on Moral Values,” the recommendations stated.
“The management of The Cave must be sternly warned that a similar violation or any future violations of its Affidavit of Undertaking dated 15 July 2022 as well as the laws, rules and executive issuances relevant to the conduct of their business within the City shall be dealt with more severely,” it added.
The committee also recommended that the commitments and undertakings in the resolution should also be imposed on all bars, whether or not they are members of the Iloilo Bar Operators Association.
The resolution was signed by City Legal Officer Edgardo Gil, vice-chairperson of the committee, as well as other city government lawyers including GV Euitiquio Cuñada, Gelacio Lira, Riza Toledo, Joseph Edward Areño, and Llonil Vitterbo.
Areño and Vitterbo were tasked to investigate the club after a series of incidences after the affidavit was signed, including reports of violence, overcrowding, absence of frisking, lack of installed CCTV cameras, and no monitoring of age.
It warranted the recommendations by the two lawyers to elevate the case to the committee for further review and investigation.
