Court denies Customs collectors’ petition for TRO

MANILA, Philippines - A Manila Regional Trial Court  (RTC) yesterday denied a petition for preliminary injunction that would have blocked the transfer of 11 Bureau of Customs (BOC) personnel to the Customs Policy Research Office (CPRO).  

“The petitioners believe that they have their right of security of tenure as they are tenured and career officials. However, there is an issue to be first resolved as the respondents believe otherwise when they issued and approved Customs Personnel Order (CPO) No. B-189-2013,” Manila RTC Branch 17 Judge Felicitas Laron-Cacanindin said in a four-page decision.

“When the complainant’s right is thus doubtful or disputed, he does not have a clear legal right, and therefore, the issuance of injunctive relief is improper,” she added.

In their petition, the district collectors said there was lack of due process and violation of their respective statutory and constitutional right to security of tenure with the issuance of the CPO.

The court, however, doubted if the issuance of the CPO caused irreparable damage to the district collectors.  “Damage is irreparable where there is no standard by which their amount can be measured with reasonable accuracy. The petitioners, through the three Customs collectors who testified, claim that irreparable damage had (been) caused them when, as a consequence of the issuance of CPO detailing them to CPRO, result in the diminution of their rank, status and functions which again, is an issue. Thus, not yet material and substantial,” she said.

She added that the court could not enjoin an agency from performing an act that is within its prerogative.  

Motion for reconsideration

The petitioners’ lawyer Ramon Esguerra said that they would file a motion for reconsideration. 

“We believe we have strong grounds to support that motion in light of the denial of the government’s motion to dismiss our petition. We maintain that our petition is strong and meritorious. Unless we receive instructions to the contrary, we shall pursue all remedies available up to the Supreme Court,” he said.

BOC Commissioner Rufino Biazon said they welcome the decision of the court.

“While this issue may have caused a temporary setback in the reform efforts of the Department of Finance and BOC, it has also shown that the initiatives can withstand legal challenges. We hope that this resolution will compel all parties to move in the same direction toward reform in the BOC,” he said in a text message.    – With Zinnia dela Peña