SC stops Davao court from releasing imported rice shipment

By: Tetch Torres-Tupas - 11 years ago

INQUIRER and CDN FILE PHOTOS

MANILA, Philippines—The Supreme Court has stopped the Davao Regional Trial Court from enforcing its order releasing 91,800 bags of imported white rice.

High Court’s Information Chief Theodore Te said Tuesday that the restraining order was issued after finding as meritorious the arguments raised by government lawyers led by Solicitor General Francis Jardeleza.

Jardeleza, in the government’s petition, said the issuance of the injunction by Davao City Regional Trial Court Branch 16 Judge Emmanuel Carpio against the implementation of NFA Memorandum Circular No. AO-2K13-003 was baseless and would result to unhampered entry of smuggled rice coming from various countries.

Jardeleza said it is important to stop the implementation of Judge Carpio’s order to prevent the entry of “excessive and unquantifiable” amounts of rice into the market.

“A sudden surge in rice imports would have catastrophic consequences on the incomes and livelihood security of 2.4 million Filipino farming households,” Jardeleza said.

Aside from “destabilizing” the market, Jardeleza said allowing the injunction to stand would jeopardize the ongoing negotiations of the country in the WTO for the extension of the special treatment.

“This is the grave irreparable injury that temporary restraining orders and writ of injunction were created for. Philippine food security and political stability are priceless incapable of pecuniary estimation,” Jardeleza added.

Jardeleza further said that a restraining order from the high court is also important to prevent Judge Carpio from issuing another order to release six more shipments from businessman Joseph Ngo.

Ngo’s rice shipment stemmed from entering an agreement with Starcraft International Trading Corporation where he initially purchased 15 shipments containing 91,800 bags of white rice either from Thailand or Singapore. Starcraft is linked to suspected rice smuggler Davidson Bangayan.

Ngo was informed that the shipments could not be released because it has no import permits from the National Food Authority (NFA).

Ngo filed a complaint with the RTC and sought an injunction saying that with the expiration of the Special Treatment for Rice Importation, quantitative restrictions such as requiring import permit on the importation of rice may no longer be imposed. The lower court issued an injunction prompting the Bureau of Customs to file a motion for reconsideration which was also dismissed.

The BoC, through the Office of the Solicitor General took the case to the Supreme Court who issued a restraining order against the lower court’s order.