Court junks workers’ plea against North Harbor deal

Workers blocking the takeover of the Manila North Harbor failed to convince the Manila Regional Trial Court (RTC) Branch 25 to stop the Philippine Ports Authority (PPA) from turning over cargo handling operations to the new operator.

Judge Silvino Pampilo Jr. of the Manila RTC Branch 25 denied the temporary restraining order (TRO) being sought by Pier 8 Workers Union to implement the turnover of cargo handling operations at Pier 8 last Friday.

In denying the TRO, Judge Pampilo Jr. said lower courts like regional trial courts have no jurisdiction over the case, citing Republic Act 8975 or an act to ensure the expeditious implementation and completion of government infrastructure projects by prohibiting lower courts from issuing TROs, preliminary injunctions or preliminary mandatory injunctions.

“The major national government project which petitioner seeks to enjoin is the implementation of the turnover of cargo handling operation at Pier 8, North Harbor, Manila. Said subject of the prayer for temporary restraining order being covered by the prohibition, this court has no jurisdiction to issue the same,” Judge Pampilo Jr. said in his three-page order.

He added the jurisdiction of the RTCs to issue injunctive writs is “limited to acts committed or about to be committed within their judicial region.”

“Republic Act 8975 delienates clearly the coverage of the prohibition, reserves the power to issue such writs exclusively with the Supreme Court and provides penalties for its violation.

The consortium which won the multibillion-peso modernization of the decrepit Manila North Harbor has finally overcome the last legal stumbling block to the project and is expected to formally take over the port’s operations in a few days.

The latest legal ploy to stop at all costs the turnover of port operations and modernization of the Manila North Harbor to the Manila North Harbour Port Inc. suffered another drawback after the Supreme Court junked a petition seeking to stop the P14.5-billion undertaking for failure by the petitioners to establish grave abuse of discretion by the contracting parties.

In a minute resolution, dated January 18, the high court’s First Division dismissed the suit filed by Danilo Calipay, Leonora Dacayanan, Teresita Locaverte, Wilma Magsalos and Reggie Navarrosa, against the Philippine Ports Authority (PPA) and the partnership of Metro Pacific Investments Corp. and Harbour Center Port Terminal Inc.

“…(T)he court resolves to dismiss the petition for failure of petitioners to sufficiently show that any grave abuse of discretion was committed,” the SC said.

This was the second time since last year that the SC found there was no reason to stop the project which seeks to elevate the port to world-class status and help stimulate the country’s domestic economic activity while boosting the tourism industry.

In its first ruling, the SC turned down a petition for the issuance of a TRO and permanent injunction filed by Nelson Ramirez, president of the United Seafarers’ Union, for his lack of legal standing to intervene in the project.

In that decision signed by Associate Justices Antonio Carpio, Renato Corona, Leonardo de Castro and Lucas Bersamin, the high court noted that Ramirez is not a party to the ongoing modernization of the North Harbor, nor a party to any of the several labor unions operating in the country’s once premier port.

About seventy percent of the country’s domestic seaborne trade and passengers pass through North Harbor which has become outmoded and dangerous from decades of neglect and poor maintenance.

After more than two years of rigorous scrutiny of all bid proposals, the PPA, last October 8, awarded to Metro Pacific/Harbour Center the ambitious project which calls for the modernization of the entire port complex.

The joint venture agreed to spend upwards to P14.5 billion spread over several years to cover infrastructure, equipment and technology expenses.

The partners also committed to pay the PPA P6.8 billion in fixed fees for the 25-year contract and to reduce port fees by as much as 20 percent.

The PPA also directed the consortium to absorb all existing port workers of North Harbor, allaying fears that the takeover will result in mass layoffs.

“The immediate impact of the modernization would likely be on volume rather than pricing because of the speed of loading and unloading of cargoes (including container vans). Roads will be widened and the depot will be bigger,” a spokesman for the consortium explained.

The plan also includes dredging the surrounding Manila Bay to accommodate bigger vessels, including luxury ships from abroad thus helping stimulate the tourism industry. –Benjamin B. Pulta, Daily Tribune