RTC Judge Roberto Cawed granted the extended TRO to the Poro Point Industrial Corp. (PPIC) in yesterday’s hearing after officials and legal counsels of the PPA walked out of the courtroom.
The TRO prevents the PPA from taking over the operations of the Poro Point seaport. In yesterday’s hearing, PPIC port manager Rene Venturina presented evidence of violence and damage when the PPA ignored the earlier 72-hour TRO and tried to forcibly take over the seaport the other day.
Venturina showed pictures of the violence and the medical certifications of PPIC personnel who were injured during the confrontation between the two groups.
PPIC, a private consortium, has been managing the Poro Point seaport since 1999. It sought the TRO to prevent the PPA from carrying out an order from Transportation and Communication Secretary Leandro Mendoza taking over the port operations because the PPIC supposedly lacked an environmental compliance certificate from the Department of Environment and Natural Resources (DENR).
The Bases Conversion Development Authority (BCDA) and its subsidiary, the Poro Point Management Corp. (PPMC), requested Mendoza to direct the PPA to operate the port after the DENR issued a cease-and-desist order against the PPIC.
The PPIC, however, ignored Mendoza’s order as it brandished the 72-hour TRO issued by Cawed. Tension arose the other day as PPA officials, backed by policemen and Coast Guard personnel, tried to prevent PPIC employees from entering the pier.
Jun Moran, PPIC president, however, expressed doubt if the PPA would comply with the extended TRO.
"I hope the PPA will abide by the court’s decision. If not, we will go back to the court," he said.
Silverio Mangaoang Jr., PPA general manager, said they were only complying with Mendoza’s directive and are not covered by the court-issued TRO, arguing that the PPA is not part of the "intra-corporate dispute" among the BCDA, PPMC and PPIC.
Mangaoang said the PPIC should comply with DENR regulations before they could operate the port.
"If they (PPIC) resist, we will meet them with resistance. We don’t want to disrupt the operations of the port," he said.
The Office of the Government Corporate Council filed yesterday a motion for reconsideration seeking the TRO’s cancellation as it questioned the San Fernando RTC’s jurisdiction over the PPA, which has never been a stakeholder in the PPIC.
Government corporate counsel Agnes Devanadera said the PPIC asserted an intra-corporate dispute in the seaport to prevent the PPA from taking over its operation even if the PPA is not part of the company.
"The real issue at Poro Point now is the abuse of the environment. No amount of legal maneuvers by PPIC can change this fact," she said.
"No amount of legal contracts can justify the dumping of wastes into San Fernando Bay. This is the real issue that PPIC must answer," she added. — With Katherine Adraneda