CA junks move to impose 10-centavo levy per liter for oil transhipment

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The Court of Appeals denied the petition of the Department of Transportation (DOTr) to stop a lower court from implementing its order against the imposition of a 10-centavo levy per liter for every delivery and transshipments of oil by petroleum marine transport companies.

In a six-page resolution, the appeals court’s Special 12th Division through Associate Maria Elisa Sempio Diy said petitioners DOTr, Maritime Industry Authority (Marina) and Philippine Coast Guard (PCG) failed to meet the requirements for an injunctive relief set under Rule 58 of the 1997 Rules of Civil Procedure.

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.”

“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 appeals court said.

“Bare allegations do not amount to substantial evidence,” it added.

Quezon City Regional Trial Court Branch 216 Judge Alfonso Ruiz II, in an order issued last July, 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. RAM