Cagayan court issues TRO against BOC, BIR on EO 156

The Auto Rebuilding Industry in Cagayan scored a legal victory yesterday after the Cagayan Regional Trial Court issued a 17-day temporary restraining order (TRO) against the Bureau of Customs, Bureau of Internal Revenue (BIR) from implementing EO 156.

Jayme Vicente, ARIC president in a telephone call to The STAR said the judge granted their pleadings for extension of the three-day TRO, which expired on Saturday.

“By the grace of God we have just obtained a 17-day TRO extension, for all purposes and intent, the judge threw a lifeline, a breathing spell for the industry borne out of the skills and craftsmanship of Filipinos in rebuilding used vehicles,” Vicente said.

He declined to give more details saying that the court has yet to send its order to the concerned government agencies.

The TRO came as the Bureau of Customs announced over the weekend the full implementation of EO 156 which banned the importation of secondhand cars in Port Irene at the CEZA.

“ I have ordered the full implementation of EO 156 in CEZA,” Customs Commissioner Napoleon Morales told reporters during a news forum.

He, however, clarified that only cars and sports utility vehicles are covered by the ban. While the import of trucks, ambulances and earth moving equipment will be allowed

Morales said the enforcement of EO 156 was an offshoot of the legal opinion of the Office of the Soliticitor General (OSG) that EO 156 which was upheld by the Supreme Court covers all ports in the country.

He said the BOC has sought the opinion of the OSG because when EO 156 was issued in 2002, CEZA did not yet exist and the ban only applied to the Subic Bay Metropolitan Authority (SBMA) in Olongapo City.

ARIC has earlier welcomed any move from the BOC to ban the processing of cars, as this will be the basis of their legal action to question the legality of EO 156.

The import ban will affect some 1,000 newly arrived cars in the CEZA in the past months.

The Land Transportation Office has also stopped the registration of cars in Port Irene in compliance with the OSG opinion.    – With Charlie Lagasca