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The implementation of a closure order and the issuance of business permits may be considered nicely within this perform of a Municipal Administrator. Atty. Rivera was merely performing his official duties as Municipal Administrator of the Municipality of Binangonan, particularly the implementation of the Closure Order towards the businesses operated by the Baygar household and issues related thereto. Office of the Mayor acquired a number of complaints that the companies operated by the Baygar household brought about disturbance to the world at night. Rivera was merely implementing the native tax ordinance when he enforced the Closure and Seizure Orders on the companies operated by the Baygar family with out the required enterprise permits. Atty. Rivera claims that he was merely performing his job of implementing the native tax ordinance. Atty. Rivera claims that Risie has distorted the reality to swimsuit her function of repeatedly harassing him when she felt aggrieved by the processes of the municipality in implementing the native tax ordinance. Rivera needs to be held administratively liable for seizing other objects that aren't included in the seizure order and for prematurely implementing the Closure Order.

Risie protested because the Closure Order didn't include the seizure of the mentioned items. He suggested Risie that she may both pay the positive or she can write the Mayor a letter-request for the discharge of seized gadgets. He did not question the corrections as a result of he believed that he and the staff had the authority from the Municipal Mayor to conduct the operation; moreover, the billiard table certainly didn't have a business permit at that time. Atty. Rivera then organized a workforce and proceeded to the shop within the evening of the same day. Rivera and the team improperly applied the closure order a day before the acknowledged date. Rivera to have criminally charged Risie for violating Municipal Ordinance No. 2006-006 because she is not the owner of the business topic of the closure order. Rivera to criminally cost Risie for violating Municipal Ordinance No. 2006-006 because she just isn't the owner of the enterprise topic of the closure order; (b) the closure order did not authorize seizure of the items; (c) Atty. Meanwhile, on May 18, 2010, the Municipal Treasurer issued one other Closure Order (Second Closure Order) in opposition to Risie's father for failure to pay the fines and penalties in relation to the March 17, 2010 operation.

Moreover, the billiard desk was not initially included in the scope of the closure order and was added only through the operation. Atty. Rivera alleges that it was Carina who changed the date and added the phrase "w/ BILLIARD" within the Closure Order. When she returned the Closure Order again to them, the enforcers changed the date and added the phrase "w/ BILLIARD". Risie claims that the officers ought to have merely locked the institution with out seizing the objects because the closure order did not give them authority to take action. Risie with imprisonment instead of simply seizing the items. Atty. Rivera avers that he was by no means in possession of the seized objects and that these had been stored in the BPLO. Rivera, along with BPLO officers, health office, and members of the Binangonan Police and Special Action Unit, returned to the shop to implement a Closure Order (Closure Order). Atty. Rivera claims that it was Risie who began arguing with Carina Biazon (Carina), a BPLO Inspector, in a loud voice. Instead of heeding his recommendation, Risie and her father Rodolfo filed numerous criminal and administrative instances against him, together with this Petition for Disbarment. Rivera filed a criminal complaint in opposition to them for Violation of Municipal Ordinance No. 2006-006 for working a enterprise without securing a business permit.

Atty. Rivera further explains that the criminal case for Violation of Municipal Ordinance No. 2006-006 was filed against each Risie and Rodolfo as they have been in violation of the ordinance in operating businesses without the required business permits. Rivera before the CSC as well as two criminal complaints earlier than the Office of the Provincial Prosecutor of Rizal. Provincial Prosecutor of Rizal. In any occasion, it's the prosecutor who will in the end decide whether to include or drop Risie from the cost. On March 22, 2010, Risie and her father secured the required business permits for the sari-sari store, videoke machine, and billiard table. They handed Risie a No Permit Notice dated March 9, 2010 for the billiard desk and a videoke machine. On March 22, 2010, Risie went to his office asking for the release of the seized gadgets. Rivera's workplace and requested for the discharge of the seized gadgets. However, Atty. Rivera didn't release the seized objects and as an alternative asked her to pay further fines for his or her launch. Rivera's crew, as Rodolfo didn't wish to hand over the objects that were being seized. Rodolfo protested the Second Closure Order.

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