Case vs importation of used vehicles junked by SC
THE Supreme Court (SC) has dismissed the petition filed by former solicitor general Francisco Chavez seeking to stop the importation of secondhand vehicles through Port Irene in Cagayan province.
In a three-page resolution, the Court’s Second Division held that Chavez has no legal standing even as a taxpayer to file the suit and that he violated the doctrine of hierarchy of courts.
The Court did not give merit to the claim of Chavez, who directly filed his petition before the SC because of its transcendental importance.
“The petitioner’s attempt to justify his direct resort to this Court by reason of the transcendental importance of the issue raised fails to convince us. The need for the enforcement of laws, without more, does not raise the petitioner’s issue to the level of transcendental importance,” the SC said.
Chavez’s petition, according to the Court, failed to justify how respondents’ inaction to implement Executive Order 156, which bars the entry of used vehicles into Port Irene and other ports under the jurisdiction of the Cagayan Economic Zone Authority (Ceza), will affect him and the general public as to consider it as an issue of transcendental importance.
In his petition for mandamus and injunction filed in December 2008, Chavez asked the Court to order the respondents—the Bureau of Customs, the Department of Finance, the Land Transportation Office, the Department of Transportation and Communications, the Cagayan Economic Zone Authority (Ceza) and the Automotive Rebuilding Industries of Cagayan—to faithfully enforce and comply with EO 156, which banned the entry of used motor vehicles through free ports.
Chavez asked the Court to stop the respondents from processing, releasing and registering the said used vehicles outside Port Irene.
He said Ceza cannot claim a special status or exemption from the importation ban imposed by EO 156 and has thus arrogated unto itself a status that only Subic enjoys.
While he acknowledges his lack of legal standing to bring the case before the Court, he claimed that the enforcement of laws, particularly of the prohibition in EO 156 against the importation of used vehicles, is a public right and a public duty, hence is a matter of transcendental importance that may justify his filing of the petition. Written by Joel San Juan - Business Mirror
In a three-page resolution, the Court’s Second Division held that Chavez has no legal standing even as a taxpayer to file the suit and that he violated the doctrine of hierarchy of courts.
The Court did not give merit to the claim of Chavez, who directly filed his petition before the SC because of its transcendental importance.
“The petitioner’s attempt to justify his direct resort to this Court by reason of the transcendental importance of the issue raised fails to convince us. The need for the enforcement of laws, without more, does not raise the petitioner’s issue to the level of transcendental importance,” the SC said.
Chavez’s petition, according to the Court, failed to justify how respondents’ inaction to implement Executive Order 156, which bars the entry of used vehicles into Port Irene and other ports under the jurisdiction of the Cagayan Economic Zone Authority (Ceza), will affect him and the general public as to consider it as an issue of transcendental importance.
In his petition for mandamus and injunction filed in December 2008, Chavez asked the Court to order the respondents—the Bureau of Customs, the Department of Finance, the Land Transportation Office, the Department of Transportation and Communications, the Cagayan Economic Zone Authority (Ceza) and the Automotive Rebuilding Industries of Cagayan—to faithfully enforce and comply with EO 156, which banned the entry of used motor vehicles through free ports.
Chavez asked the Court to stop the respondents from processing, releasing and registering the said used vehicles outside Port Irene.
He said Ceza cannot claim a special status or exemption from the importation ban imposed by EO 156 and has thus arrogated unto itself a status that only Subic enjoys.
While he acknowledges his lack of legal standing to bring the case before the Court, he claimed that the enforcement of laws, particularly of the prohibition in EO 156 against the importation of used vehicles, is a public right and a public duty, hence is a matter of transcendental importance that may justify his filing of the petition. Written by Joel San Juan - Business Mirror
Labels: cagayan, import, sc, surplus vehicle
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