CA stops EMB order vs Poro Point operator

SAN FERNANDO, La Union — Companies operating at the Poro Point seaport here claimed victory after the Court of Appeals (CA) issued a 60-day temporary restraining order (TRO) last Friday stopping the regional office of the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources from enforcing its cease-and-desist order (CDO) against Poro Point Industrial Corp. (PPIC), the private port operator.

Rene Venturina, PPIC port manager, told The STAR that 98 percent of Poro Point users or 48 heads of companies using the seaport have signed a manifesto expressing their gratitude for the CA decision.

"Justice has prevailed; port users are very happy with the CA decision. We are back to normal operations," he said.

In the manifesto, the businessmen said they are confident that "peace, efficiency and professionalism" will again resume at the seaport following the CA’s issuance of the TRO.

"We, regular users of the San Fernando seaport, are very glad and elated by the (CA) decision for an unhampered operation. We are confident that peace, efficiency, and professionalism will again reign inside the seaport upon the resumption of your business activities. Rest assured of our undying support and cooperation," the port users said in their manifesto addressed to the PPIC.

Operations resumed yesterday at the seaport’s Piers 1 and 2. Vessels loaded with cigarettes were the first to use the seaport after the issuance of the CA ruling.

The STAR confirmed that some foreign vessels loaded with fertilizers have applied for loading permits at the PPIC office here.

An official of the Poro Point Management Corp. (PPMC), a subsidiary of the Bases Conversion Development Authority (BCDA), told The STAR that they would abide by the CA decision and will allow the PPIC to operate and the port workers to enter the port area.

PPIC lawyer Andre Dacanay said the billboards installed at the port gates by EMB director Joel Salvador saying that the seaport was closed were already removed.

The STAR tried to get in touch with Salvador for his comment on the CA order, but he had not been answering the calls. Sources said he had to go to Manila yesterday.

Salvador issued the CDO after he had received complaints from San Fernando City Mayor Mary Jane Ortega that the PPIC was allegedly violating environmental safety regulations.

Because of the EMB order, the PPMC and BCDA requested the Philippine Ports Authority (PPA), through Transportation and Communications Secretary Leandro Mendoza, to take over the port operations.

The PPIC’s operations stopped last July 25 with PPA port manager Silverio Mangaong Jr. taking over.

However, the PPIC scored a victory when the regional trial court here issued an injunction against the PPA, BCDA and PPMC.

In its decision, the CA said there is a need to issue a separate TRO against the EMB and Environment and Natural Resources Secretary Angelo Reyes to prevent the PPIC from incurring huge losses due to the PPA’s "premature takeover" and "to prevent the disruption of port operations in the interest of the public."