CA stops RTC’s injunction vs extraction fee

CEBU, Philippines - In another turn of events of the ongoing Subang Daku quarrying issue in Sogod town of Southern Leyte, the Court of Appeals-Cebu City (20th Division) on November 20 issued a temporary restraining order to stop Regional Trial Court-Branch 39 Judge Rolando Gonzales from implementing the writ of preliminary prohibitory injunction against the provincial government.

The TRO further restrained the lower court from the conduct of further proceedings in Civil Case R-632-C, which was filed by Ernesto Dacay, Jr,, et al, against the provincial government of Southern Leyte, represented by Governor Roger Mercado, and several provincial officials.

The writ of preliminary prohibitory injunction, issued by the RTC last June 16, prevented the provincial government from imposing an extraction fee of P50 per cubic meter, which Mercado insisted was duly supported by a PB ordinance and within the legal range of the revenue code of the province.

With the TRO, the governor was hopeful that the province can now speed up its collection of extraction fees to augment the provincial coffers to finance programs and projects.

As provided for in the Local Government Code, extraction fees are apportioned by the local government units concerned in the following manner: 30 percent to the provincial government, 30 percent to the municipality, and 40 percent to the barangay. — southernleyte.gov.ph (FREEMAN)