TRO on 10-cen­tavo levy per liter on oil stays – CA

Manila Bulletin - - Front Page - By REY G. PANALI­GAN

The Court of Ap­peals (CA) has af­firmed the rul­ing of a trial court that stopped tem­po­rar­ily the govern­ment from im­pos­ing a 10-cen­tavo levy per liter on oil de­liv­ered and trans­shipped by petroleum ma­rine trans­port com­pa­nies.

Repub­lic Act No. 9483 or the Oil Pol­lu­tion Com­pen­sa­tion Act of 2007 and its im­ple­ment­ing rules and reg­u­la­tions ba­si­cally im­poses a 10-cen­tavo levy per liter on oil trans­shipped by

ma­rine trans­port firms. The levy will go to the Oil Pol­lu­tion Man­age­ment Fund.

In a res­o­lu­tion writ­ten by As­so­ciate Jus­tice Maria Elisa Sem­pio Diy, the CA de­nied the pe­ti­tion of the Depart­ment of Trans­porta­tion (DOTr) and two other agen­cies to lift the tem­po­rary re­strain­ing or­der (TRO) is­sued on July 25, 2016 by the Que­zon City re­gional trial court (RTC).

The CA ruled that the DOTr, the Mar­itime In­dus­try Au­thor­ity (Ma­rina) and the Philip­pine Coast Guard (PCG) failed to present jus­ti­fi­able rea­son to lift the TRO and grant an in­junc­tive re­lief.

It pointed out that un­der the rules, an in­junc­tive re­lief like a TRO could be is­sued if an ap­pli­cant has “a clear and un­mis­tak­able right to be pro­tected, there is ma­te­rial and sub­stan­tial in­va­sion of right, there is an ur­gent need for the writ to pre­vent ir­repara­ble in­jury to the ap­pli­cant, and no other or­di­nary, speedy and ad­e­quate rem­edy ex­ists to pre­vent ir­repara­ble in­jury.”

No ir­repara­ble in­jury

“Here, there is no show­ing of a clear right which was vi­o­lated or what ‘ir­repara­ble in­jury’ pe­ti­tion­ers would stand to suf­fer aside from their gen­eral al­le­ga­tion that pre­ven­tion from dis­charg­ing their duty and re­spon­si­bil­ity un­der Repub­lic Act No. 9483 would cause ‘public in­con­ve­nience’ or re­sult in ‘public mis­chief’ at the ex­pense of the en­vi­ron­ment,” the CA said.

The RTC’s TRO granted the plea filed by the Philip­pine Sea Trans­port As­so­ci­a­tion, Herma Ship­ping and Trans­port Cor­po­ra­tion, Is­las Tankers Seatrans­port Cor­po­ra­tion, MIS Mar­itime Cor­po­ra­tion, Petro­lift, Inc., Golden Al­ba­tross Ship­ping Cor­po­ra­tion, Via Ma­rine Cor­po­ra­tion and Cargo Ma­rine Cor­po­ra­tion.

The petroleum ma­rine trans­port firms ear­lier asked the RTC to stop the DOTr, Ma­rina and PCG from en­forc­ing Sec­tion 22, para­graph (a) of RA 9483 and Sec­tion 1, Rule X of the law’s Im­ple­ment­ing Rules and Reg­u­la­tions on the 10-cen­tavo levy per liter of oil de­liv­ered by the ma­rine trans­port firms.

With the is­suance of the TRO, the three govern­ment agen­cies led by the DOTr el­e­vated the is­sue be­fore the CA which turned down their plea for an in­junc­tive re­lief.

Newspapers in English

Newspapers from Philippines

© PressReader. All rights reserved.