‘Accreditation stickers' legal
REGIONAL Trial Court (RTC) Judge Generosa Labra struck down the attempt of a businessman to temporarily stop the implementation of a provincial ordinance requiring sand and gravel haulers to secure accreditation stickers from the Cebu Provincial Government.
In her two-page order, Labra ruled that petitioner Larry Estacion failed to prove that his right would be violated should the temporary restraining order not be issued.
“Aside from its bare allegation, plaintiff has not presented any proof of an existing right. Absent any clear and unquestioned legal right, the issuance
Judget dismisses hauler’s petition to stop implementation of Capitol ordinance requiring such authorization
of an injunctive writ would constitute grave abuse of discretion,” read Labra's order.
Last May, Estacion, who owns LTE Trucking of Dumaguete City, filed a civil case before the RTC in Cebu City against the Provincial Government and the Provincial Legal Office.
Estacion argued that Provincial Ordinance 200810, which requires sand and gravel haulers to secure accreditation stickers annually, appears to be oppressive and illegal.
Last April 1, Esta- cion said that his cargo truck mover and trailer loaded with sand and gravel, were impounded in Barangay Tuyan, City of Naga, for not having an accreditation sticker from the Capitol.
The businessman said the defendants made “unjustified apprehension” of his cargo trucks, vans, and trailers, which caused him “great irreparable damage.”
In the order, Judge Labra pointed out that a petitioner must show that his right really exists before the court could grant him the injunctive writ.
“Injunction is not designed to protect contingent, abstract or future right whose existence is doubtful or disputed,'' said Labra.
But Estacion has not established invasion of the right sought to be protected, Labra pointed out, when he admitted having violated provision of the 2008 Revenue Code of Cebu.
Sec. 196 of Ordinance 2008-10 states, “It shall be unlawful for any processor, trader, dealer, or retailer found to possess the quarry or mineral products and by-products without the required governor's accreditation.”