CA voids TRO on Tokyo property

MANILA, Philippines – The Court of Appeals has stopped a Pasay City court from restraining the government and a Japanese-owned consortium from developing the Nampeidai property in Tokyo, Japan.

In a resolution, the CA’s Second Division temporarily set aside the Jan. 2, 15, and Feb. 6, 2008 orders of the Pasay City Regional Trial Court Branch 108 granting the motion of Masahiro Nagayama, lead partner and manager of Nagayama-Taisei Consortium (NTC), for a temporary retraining order and writ of preliminary injunction to prevent the government from implementing the Service and Development Agreement with Masaichi Tsuchiya, attorney-in-fact of the NTC.

The CA said Republic Act 8975 prohibits the issuance by any court, except the Supreme Court, of a TRO or preliminary injunction to stop the implementation and operation of any government contract or project.

“Accordingly, the respondents and those acting on their behalf are hereby temporarily enjoined from enforcing the Jan. 2, 2008, Jan. 15, 2008 and the Feb. 6, 2008 orders, which were allegedly issued without any basis and in grave abuse of discretion,” read the resolution.

The CA also directed Judge Rosario Ragasa of Pasay RTC Branch 108 and Nagayama to file their comment within 10 days on the petition for certiorari, prohibition and mandamus filed by Tsuchiya last Feb. 18.

In his petition, Tsuchiya through lawyer Rodolf Britanico, said the orders of the lower court “grossly, palpably, blatantly and defiantly violated” 20 substantive and procedural laws and rules.

Tsuchiya said the lower court had violated Republic Act 8975 and Supreme Court Circular No. 11-2000 which prohibit courts, except the Supreme Court, from issuing TROs or writs of preliminary injunction or restraining the negotiation, award or implementation of development or infrastructure projects of the government.

In his petition, Tsuchiya said Nagayama is guilty of misrepresentation as he has been passing himself off as the representative of Nagayama Taisei Consortium in the Nampeidai project.                   – Mike Frialde