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>> Saturday, October 18, 2008

Despite TRO extension, ban stays on used car imports at Port Irene in effect

TUGUEGARAO CITY – Unless a new management directive is issued, the ban on the entry and registration of second-hand foreign vehicles at the Cagayan Economic Zone Authority here remains in effect despite a court action against the ban.

Engineer Julian Gonzales, operations manager of the CEZA-managed Port Irene, said they still have to wait for the issuance of a new order from CEZA higher-ups lifting an earlier directive banning the issuance of gate passes for the entry to and exit of used foreign cars from the freeport.

“Without a gate pass, any car imported into CEZA cannot be registered or allowed to be brought out of the port,” said Gonzales, also the port’s principal engineer.

Gonzales said the directive of CEZA administrator Jose Mari Ponce banning the importation of used cars into the freeport based in Sta. Ana town, remains in effect despite the 17-day temporary restraining order (TRO) the court issued the other day against the CEZA order.

Aparri Regional Trial Court Judge Rolando Velasco granted the petition of the Association of Rebuilding Industries of Cagayan (ARIC) for an extension of the 72-hour TRO he earlier had issued against the ban.

Ponce’s order complied with a Malacañang directive enjoining all ports in the country, including CEZA, to enforce President Arroyo’s Executive Order 156, which bans the importation of used foreign cars.

Jimmy Vicente, ARIC president, said the court heeded their argument that a halt to used vehicle imports would cause “severe and irreparable damage” to the livelihood of thousands of people benefiting from the industry.

ARIC members questioned the implementation of EO 156, arguing that CEZA was not included in the used car import ban, as there was no such trade at the port when it was issued.

With the TRO extension, Vicente said they would now go to the next level ‑ question the constitutionality of EO 156.

Customs Commissioner Napoleon Morales earlier called for the enforcement of EO 156 in all ports in the country after the Office of the Solicitor General upheld its legality.

“I understand that the car importers are naturally jubilant about this TRO extension, but I personally think it is still premature for them to celebrate since we will not lift the ban until all the legal questions are resolved or when another order (from the CEZA administrator) lifting the ban has been issued to us,” Gonzales said.

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