Friday, December 19, 2008 Court issues injunction vs Ordinance 176
SAN FERNANDO CITY -- The Regional Trial Court (RTC) here has issued a writ of preliminary injunction in favor of Governor Eddie Panlilio's plea to temporarily stop implementation of controversial quarry Ordinance 176.
Ordinance 176 (An Ordinance Providing for Equitable Shares of Fees/Taxes imposed by the Province of Pampanga for the Extraction of Quarry Materials and other Purposes) seeks to abolish the P150 administrative fee collected by the Provincial Government from every P300 per truckload of sand.
The ordinance, which was approved by the Provincial Board (PB) and vetoed by the governor, finally became a law in January this year after the PB overrode the veto. Panlilio then elevated the case to the court here.
In a four-page decision penned by Judge Serafin David of RTC Branch 48, the court said a writ of execution has been issued to avoid “irreparable damage” that the ordinance might cause if it is implemented without its “constitutionality” being looked at first by the court.
“Until the court is finally able to determine as to whether Ordinance 176 is a regulatory or tax measure to raise revenues, this court is constrained to issue the Writ of Preliminary Injunction because of the irreparable damage that may befall the petitioner, the Province of Pampanga, as well as the municipalities and barangays concerned, as a consequence of a regulatory measure being different from a tax measure,” the court said.
The RTC said the provisions of Ordinance 176 reveal “the apparent commingling of the important features or regulatory measure in the exercise of police power and tax measures to raise revenue.”
“However, if there is doubt as to whether Ordinance 176 is a regulatory or a tax measure to raise revenues, the legislative intent must be determined. The spirit and intent, rather than the letter of the ordinance, shall be determined and the same must be consistent with the Constitution, Local Government Code and Philippine Mining Act,” the court said.
It also ordered the PB from temporarily “trying to seek to implement the questioned Ordinance 176” pending the determination on its merits.
Panlilio said he is very happy about the writ of injunction, as this will greatly help in the continued operation and reaping of benefits from the quarry collection.
“We are happy that the court decided on a preliminary injunction so that we could proceed with the distribution of quarry shares in the provinces. With the injunction, we can proceed with distributing the quarry shares of barangays and municipalities,” Panlilio on Thursday said.
However, the governor has yet to pay the P500,000 injunction bond set by the court. He is contemplating on putting “on bond” some of his personal properties to meet the financial requirement set by the court.
“I am looking at my personal properties and even my old car (Toyota Revo) as sources for the funds I need for the bond,” Panlilio said.
Meanwhile, Vice Governor Joseller Guiao told Sun.Star Pampanga on Thursday that he will comment on the issue in behalf of the PB as soon as he receives a copy of the court's writ of injunction. (IOF)
