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CITY OF
SAN FERNANDO—A temporary restraining order (TRO) was
issued by the Regional Trial Court here on Tuesday
regarding the implementation of Pampanga’s Ordinance
176, otherwise known as “An Ordinance Provi-ding for the
Equitable Distribution of Shares of Fees/Taxes Imposed
by the Province of Pampanga for the Extraction of Quarry
Materials and for Other Purposes.”
The TRO, which was issued by Judge
Serafin David of the RTC Third Judicial Region, Branch
48, seeks to “maintain status quo which is the last
actual peaceful uncontested situation which precedes the
controversy.”
The order further states that it is
issued “in order to avoid grave injustice and
irreparable damage pending the hearing on the
application for preliminary injunction.”
Gov. Eddie Panlilio has filed the
petition for declaratory relief with prayer for
preliminary injunction and TRO against the
implementation of Ordinance 176 on March 17, 2008.
In its order, the court believes that
Ordinance 176 “appears to be contentious and any
diminution, constrictions, restrictions of the existing
rights of the Provincial Governor under the
Constitution, Local Government Code and Philippine
Mining Act.”
“Further, any delay with the exercise of
the power and authority of the Provincial Governor to
raise the needed revenues pursuant to these laws and
existing tax measures pending the resolution of the
constitutiona-lity of the questioned ordinance would
cause great and irreparable injury to the Province of
Pampanga in general, as well as to the Municipalities
and Barangays affected in particular.”
Since November 2007, the distribution of
sand tax shares to barangays and municipalities where
quarrying operates was put to a stop pending resolution
of the case filed by the governor against the provincial
board on issues concerning the mentioned ordinance.
The distribution of the tax shares was
put on hold when mediation failed between Pampanga’s
executive and legislative departments when the
provincial board backed out from the negotiation table
on April 21, 2008.
The issuance of a TRO is a temporary
relief on the many issues associated with Ordinance 176.
The hearing on the application of the preliminary
injunction is set by the Court on May 26.
The executive department has asked the
RTC to issue a status quo ante order which is tantamount
to treating Ordinance 176 as nonexistent in order for it
to distribute sand tax shares to barangays and
municipalities where quarrying operates.
Governor Panlilio is expected to push
for the scrapping of the said ordinance and to come up
with a new ordinance. |
