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CA junks plea for TRO vs levy on oil transshipment

MANILA, Jan. 12 (PNA) -- The Court of Appeals (CA) has denied the petition filed by the Department of Transportation (DOTr), Maritime Industry Authority (Marina) and the Philippine Coast Guard (PCG) seeking for a temporary restraining order (TRO) to stop the imposition of a 10-centavo per liter levy for every delivery and transshipments of oil by petroleum marine transport companies.

In a six page-resolution penned by Associate Justice Maria Elisa Sempio Diy, the CA’s Special 12th Division said that under Rule 58 of the 1997 Rules of Civil Procedure, the requisites for the issuance of a writ of preliminary injunction and TRO are : the applicant must have 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.”

The appellate court also said that petitioners failed to establish all the requisites necessary for the issuance of injunctive relief.

“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 R.A. 9483 would cause ‘public inconvenience’ or result in ‘public mischief’ at the expense of the environment,” the CA said.

The CA directed earlier the respondents petroleum marine transport companies to show cause why the prayer for a TRO and/or a writ of preliminary injunction by the petitioners should not be granted within 10 days from notice.

In its order issued on July 25, 2016, the Quezon City Regional Trial Court Branch 216 presided by Judge Alfonso Ruiz II granted the motion filed by respondents – Philippine Sea Transport Association, Herma Shipping and Transport Corporation, Islas Tankers Seatransport Corporation Corporation, MIS Maritime Corporation, Petrolift, Inc., Golden Albatross Shipping Corporation, Via Marine Corporation and Cargo Marine Corporation -- for declaratory relief with prayer for the issuance of a TRO and/or a writ of preliminary injunction.

The QC RTC directed the DOTr, Marina and PCG to cease and desist from enforcing Section 22, paragraph (a) of Republic Act 9483 and Section 1, Rule X of the Implementing Rules and Regulations of R.A. No. 9483 or the Oil Pollution Compensation Act of 2007.

The said provision basically imposes a 10 centavo levy per liter for every delivery and transshipment of oil, which will go to the Oil Pollution Management Fund.

It also ordered the petitioners to pay a bond in the amount of Php5 million to answer for any damage that respondents may suffer as a result of the order. (PNA)

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