Court throws out plea to halt cargo operations at Cebu South Harbor

MANILA, Philippines – The Cebu Regional Trial Court (RTC) Branch 20 has denied, for lack of merit, a petition to stop the Cebu Port Authority (CPA) from allowing cargo vessels to use the facilities of Cebu South Harbor and Container Terminal Corp. (CSHCTC).

In an eight-page order dated Sept. 25 rejecting the bid for a restraining order and writ of preliminary injunction, the court said the petition failed to establish a clear legal right to justify injunctive relief.

Oriental Port & Allied Services Corp. (OPASCOR) has asked for a restraining order and writ of preliminary injunction against CPA General Manager Francisco Comendador III and CSHCTC.

Article continues after this advertisement

It said, allowing vessels to dock and berth at CSHCTC’s private port violated the government’s existing regulations and the terminal’s permit.

FEATURED STORIES

NEWSINFO

NEWSINFO

NEWSINFO

The court, however, said the petition failed to establish that it had a clear and unmistakable right that was entitled to protection from possible violation, the most important requirement for the issuance of an injunctive order.

It noted that before such a right could be recognized, the court would first have to determine whether the CPA violated Administrative Order No. 02-2010 and its board resolutions and whether CSHCTC was operating beyond the terms of its permit, issues that remained contested and were also under review by the Department of Transportation. 

“Thus, OPASCOR has failed to establish the first requisite for the issuance of a writ of preliminary injunction,” the court said.

The court added that it could not find any urgency to issue a writ of preliminary injunction.

Article continues after this advertisement

It noted that the petitioner acknowledged that a cargo operator transfered its operations to CSHCTC in 2024, but the petitioner did not seek injunctive relief until more than two years later.

Such act, the court said “belies its claim of urgency.”

Article continues after this advertisement

“OPASCOR likewise failed to establish irreparable damage,” the court said.

“Damages are irreparable within the meaning of the rule relative to the issuance of injunction where there is no standard by which their amount can be measured with reasonable accuracy.”

The court further noted that issuing a TRO could effectively resolve the legal dispute before a full trial on the merits of the complaint. 

Your subscription could not be saved. Please try again.

Your subscription has been successful.

“Lastly, the issuance of a writ of preliminary injunction would effectively result in the determination of the merits of this case before the holding of a full trial,” the court said. /gsg