Court issues TRO vs Ordinance 176
Republic of the Philippines
Province of Pampanga
PROVINCIAL INFORMATION OFFICE
Telefax: (045) 861-2575 Email: pio@pampangacapitol.com
PRESS STATEMENT
14 May 2008
Court issues TRO vs Ordinance 176
City of San Fernando – A Temporary Restraining Order (TRO) was issued by the Regional Trial Court here yesterday on the implementation of Ordinance No. 176 otherwise known as An Ordinance Providing for the Equitable Distribution of Shares of Fees/Taxes Imposed By The Province Of Pampanga For The Extraction Of Quarry Materials And For Other Purposes.
The TRO which was issued by Judge Serafin B. David of the RTC Third Judicial Region, Branch 48, seeks to “maintain status quo which is the last actual peaceful uncontested situation which precedes the controversy”. The Order further states that it is issued “in order to avoid grave injustice and irreparable damage pending the hearing on the application for preliminary injunction”.
Gov. Eddie Panlilio has filed the Petition for Declaratory Relief with prayer for Preliminary Injunction and Temporary Restraining Order against the implementation of Ordinance 176 on March 17, 2008.
In its Order, the Court believes that Ordinance 176 “appears to be contentious and any diminution, constrictions, restrictions of the existing rights of the Provincial Governor under the Constitution, Local Government Code and Philippine Mining Act”. “Further, any delay with the exercise of the power and authority of the Provincial Governor to raise the needed revenues pursuant to these laws and existing tax measures pending the resolution of the constitutionality of the questioned ordinance would cause great and irreparable injury to the Province of Pampanga in general as well as to the Municipalities and Barangays affected in particular.”
Since November 2007, the distribution of sand tax shares to the barangays and municipalities where quarrying operates was put into halt pending resolution of the case filed by the honorable governor against the Provincial Board (PB) on issues concerning the mentioned ordinance. The giving out of shares was further put on hold when mediation failed between the Executive and Legislative Departments because the PB backed-out from the negotiation table on 21 April 2008.
The issuance of a TRO is a temporary relief on the many issues associated with Ordinance 176. The hearing on the application of the Preliminary Injunction is set by the Court on May 26, 2008.
The Executive Department has asked the RTC to issue a Status Quo Ante Order which is tantamount to treating Ordinance 176 as non-existent in order for it to distribute sand tax shares to barangays and municipalities where quarrying operates. The Executive further pushes for the scrapping of the said ordinance and later come up with a new ordinance that will serve both the intent of the Legislative and Executive departments of the provincial government. /PIO