CA extends TRO vs Leyte extraction fee

MANILA, Philippines - The Court of Appeals (CA) in Cebu City has allowed the provincial government of Southern Leyte to continue collecting an extraction fee of P50 per cubic meter for quarrying operations in the province.

In a nine-page resolution obtained by The STAR on Tuesday, the 20th division of the appellate court extended the 60-day temporary restraining order it issued last November stopping the enforcement of the order of Sogod Regional Trial Court Branch 39 to halt the implementation of Ordinance 2013-81 issued by Gov. Roger Mercado.

The ruling penned by Associate Justice Marie Christine Azcarraga-Jacob cited the rule that limits the power of courts on matters involving tax collection.

“Any income generated by a tax measure like the questioned ordinance cannot be immediately restrained…public interest is involved and should be protected,” the ruling stated.