Oriental Port and Allied Services Corp., a cargo-handling operator at the Cebu International Port, filed with the High Court a petition for temporary retraining order and/or preliminary prohibitory injunction claiming that the public hearings are being conducted not in aid of legislation but to look into the private affairs of a private corporation "for the personal aggrandizement of Senator Osmeña and to punish its (OPASCOR) officials."
Petitioner, through its counsel, Romeo dela Cruz, said the Senate committee not only exceeded its authority, under Section 1, Article VI of the Constitution to conduct inquiries in aid of legislation, as definied by the Supreme Court in Bengzon vs The Senate Blue Ribbon Committee, but also its authority under Senate Resolution 224 that directed it to look into the reported signing of a 15-year extension of OPASCOR contract with the Cebu Port Authority.
Organized in 1990, OPASCOR is the only workers’ enterprise in the country owned 100 percent by its employees composed of stevedores, port workers, officers and staff. It is the sole cargo-handling operator at the Cebu International Port that handles stevedoring and arrastre services for foreign vessels. Its workforce is affiliated with ALU-TUCP chaired by Mendoza, who is also the chair of OPASCOR.
Earlier, employees of OPASCOR had submitted a resolution to Senate President Franklin Drilon asking him to use his authority to terminate the hearings being conducted by the Senate committee chaired by Osmeña on the ground that the committee lacks jurisdiction. It also said the inquiry is nothing but part of political persecution of Mendoza by Osmeña. In asking the Supreme Court to stop the Senate Committee on Government Corporations and Public Enterprises, OPASCOR said while the Senate committee is conducting the inquiry in aid of legislation, the present inquiry does not suggest any needed legislation. On the contrary, judging from the statements of Osmeña to media, the purpose is just to "satisfy his spite against OPASCOR and its officers."
Calling the inquiry a sham, the Cebu cargo-handling operator said the inquiry tends to violate the rights of the company and its officers under the Bills of Rights, including their right to due process and the right not to be compelled to testify against one’s self.
The company accused Osmeña of laying the groundwork for the prosecution of its officers for estafa, violation of the Securities Act, defraudation of the Cebu Port Authority and non-payment of income tax.