Meat importers fail to get restraining order vs AO 22

CEBU, Philippines - No temporary restraining order was issued to the 17 meat importers who filed a petition for injunction against the Department of Agriculture seeking to stop the implementation of an administrative order that sets rules and regulations in the handling of frozen and chilled meat products.

Regional Trial Court Branch 7 Judge Simeon Dumdum submitted the petition for resolution yesterday without ruling on the prayer for the issuance of a TRO.

Dumdum instead gave DA officials and the petitioners until Wednesday to submit their respective memoranda as he will already resolve the application for preliminary injunction.

In yesterday’s hearing of the petition filed by the meat importers, Dumdum said he will directly rule on the application for preliminary injunction.

Lawyer Kristan Carlos Cristobal from the Office of the Solicitor General who represented the DA officials, defended the issuance of the Administrative Order no. 22 saying it was not meant to curtail the trade of the importers but rather to regulate in order to protect the interest of the consuming public.

Cristobal cited Section 4.1 and Section 4.2 of the said order which states that it is just regulatory.

But lawyer Ricardo Amores, counsel for the petitioners, said the order does not merely regulate the trade but also provides power to confiscate.

“To regulate and to confiscate are two different matters,” Amores said.

Meat importers earlier questioned the implementation of the AO 22 claiming it singles out imported meat products.

Meat importers said there was also no implementing guidelines issued that governs its implementation.

They further argued that it is illogical for the policy-making authorities to issue unjust and discriminatory regulation against frozen meat products on the basis of public health concerns claiming that it is the local “meat product” that is more at risk.

Meat importers likewise questioned the legality of the delegation of the implementation of the order to the Local Government Units by the National Meat Inspection Service.

According to them, the power to implement it was already delegated by the Department of Agriculture to the NMIS. Under the Constitution a delegated power cannot be re-delegated to a third person on party.

The complainants named DA Secretary Proceso Alcala and the DA regional director and officials in the cities of Cebu, Mandaue and Talisay were named respondents of the petition.

Local meat dealers Estrella Laderas Meat Trading, Judphilan Foods Corp., Meatcore Corp., Three Dragons Devt. Corp., Ludens International Trading Corp., Jesus Escaño Devt., Corp., Kitchen Solutions, Alfa All Foods Asia, Inc., LJC8 Enterprises, DPO Philippines, Inc, Corazon Sepra, Dolores Nuñez, Wivina Abad, Versan Tecson, Romeo Maturan, Zenaida Tampos, Lilibeth Tanilon and Dioscora Mancao were likewise impleaded. — (FREEMAN)