Supreme Court allows MICT project to proceed

MANILA, Philippines – The Supreme Court (SC) has allowed the Philippine Ports Authority (PPA) to temporarily proceed with its development project with International Container Terminal Services Inc. (ICTSI) at the Manila International Container Terminal (MICT).

This after the second division of the High Tribunal issued a temporary restraining order enjoining the city government of Manila from implementing a resolution passed by its council last Sept. and which stopped the MICT berth 6 project after imposing additional requirements.

“Now, therefore, effective immediately and continuing until further orders from this Court, You, the Mayor of the City of Manila, City Council of Manila, your agents, representatives and anyone acting on your behalf, are hereby restrained from stopping or suspending the implementation of MICT Berth 6 Project of PPA pursuant to Resolution No. 141 of the City Council of Manila, dated Sept. 23, 2010,” stated the two-page order released last Friday.

The TRO was approved by Senior Associate Justice Antonio Carpio, chairman of the second division, and signed by Clerk of Court Ma. Luisa Laurea.

The Court likewise required the city government and its council to answer the petition within 10 days from receipt of notice.

The order was issued through a petition of the PPA seeking temporary relief from the High Court after the city council, presided by Vice Mayor Francisco “Isko” Moreno, stopped the project that required reclamation in the area of Isla Puting Bato in Tondo.

In its resolution, the council adopted the recommendation of its investigating committee and required “parties and private corporations involved in the reclamation to comply with the requirements under the Local Government Code and Manila Water Code.”

ICTSI had questioned the authority of the council to impose additional requirements for a port construction in the Port District of Manila.

It argued that the new Manila Water Code approved by the city council cannot amend the PPA charter and the laws and rules applicable to reclamation of land for port projects by requiring prior approval of the city mayor and the city council.

Senate President Juan Ponce Enrile himself agreed with PPA and ICTSI.

“The reclamation is supposed to pave the way for the development of an additional berth for vessels. Upon my inquiry, the PPA has confirmed that the said project is being undertaken with the prior approval of the Authority. The berthing facility to be built on such reclaimed portion, after all, is subject to the control, regulation and supervision by the PPA.

“I find it very disturbing, even granting the best of intentions, that the city council would even be minded to require the port contractor to secure a mayor’s permit and a city ordinance to approve such an undertaking within the Port of Manila after the PPA has already approved the same pursuant to the expansion and improvement of port facilities at the MICT,” he said in a statement.