Decision on trucking fees ‘shows abuse of discretion'

Sunday, January 22, 2012

CITY OF SAN FERNANDO -- San Simon Mayor Leonora Wong expressed disappointment over the speedy decision of the lower court over the controversial fees collected from trucks passing by her town.

"It showed abuse of discretion," Wong said in an interview over the weekend.

Have something to report? Tell us in text, photos or videos.

The decision, issued by Judge Lucina Alpez-Dayaoan of the Regional Trial Court branch 54 in Macabebe town, prohibits the further collection of permit fee of P300 per unit per day from truckers and haulers entering and going out of San Simon's territorial jurisdiction.

In her decision, Dayaoan said the permit fee is against Section 133 of the Local Government Code, which prohibits the collection of fees from any vehicles passing by a town.

The case was filed by SKK Steel Corporation on October 2010. The company particularly assailed Article K, Section 3K.01 and Article U, Sections 3U.01 and 3U.02 of San Simon's Revised Revenue Code of 2008.

Albert Yu, president of SKK, said the collection fee made them suffer losses and burden of costs.

However, Mayor Wong clarified that the fee is only collected from trucks which pass by and conduct business in her town.

"The fee is not collected from trucks merely passing by the town," Wong said.

She said the court's decision did not undergo a due process.

"On 2010, temporary restraining orders filed by SKK against the ordinance were denied. The company was able to present their side including witnesses. After that, the decision was made without hearing our side," Wong said.

The mayor said her camp will file a motion for reconsideration against the decision.