Shipyard owners to appeal court decision

·2 min read

SHIPYARD owners in Consolacion, northern Cebu will appeal the decision of a local court in Mandaue City which junked their petition to block a move of the town's officials to only issue them business permits good only for six months.

Members of the Shipyards Association of Consolacion, Cebu (SACC) said despite the denial of their petition for certiorari and prohibition, their legal fight against the Consolacion municipal government to prevent their closure and eviction will continue.

In a statement sent to SunStar Cebu on Wednesday, November 17, 2021, lawyer Jesa Balahadia-Nunez, who presents SACC, said they plan to appeal the decision of Regional Trial Court (RTC) Branch 83 Judge Allan Francisco Garciano as there are certain provisions in his decision that they disagree.

Nunez said that the decision of Consolacion Mayor Joannes Alegado to issue provisional business permits that will only last for six months runs counter to Republic Act 11302, or the Ease of Doing Business Law.

"Nevertheless, we continue to have faith in the justice system and believe we can prevail. We will continue to vigorously defend ourselves in court. We will fight to save the jobs of our almost 2,000 employees and ensure they can continue to provide for their families’ needs," Nunez said.

She added that while their legal fight against the town has faced a temporary setback, the municipal government's plan to put up a 235.80 hectare Seafront City reclamation project where SACC is currently based could face even further scrutiny especially that more people are voicing their opposition against it.

"The 235.80-hectare Seafront City reclamation project will eventually become a social, economic, and environmental issue that will affect everyone in the future. Thus, it is important for all stakeholders to voice out their concerns on this matter," Nunez added.

In his 18-page decision issued on November 12, Garciano junked the petition filed by the shipyard owners as it found that it cannot interfere with Alegado's delegated police power to issue a business permit.

"The Court is not unmindful of the fact that a mayor's power to issue a business permit is an exercise of a delegated police power and is discretionary. Thus, the Court will not interfere with this power save for instances when the respondent mayor, in the exercise of this prerogative, did so in grave abuse of discretion, which is not attendant in this case," Garciano said. (JKV)

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