Stop lower courts from issuing TROs vs environmental laws—AKO Bicol Created on May 4, 2015, 10:51 am Posted by nup

They said AKO Bicol’s proposal, embodied under House Bill 845,  aims to ensure that laws which protect and preserve the environment are effectively implemented.

 

"The law recognizes the principle that courts should defer to the technical expertise of administrative agencies. Unless, the issue involves a regulation or action that exceeds the jurisdiction of the administrative agency, judicial review is prescribed," Co and Batocabe said.

 

But the AKO Bicol lawmakers noted that the lower courts should be prohibited from issuing TROs and similar orders when it comes to environmental laws.

 

AKO Bicol is a partylist ally of the National Unity Party (NUP) under the Coalition for Peace and Development.

 

“No court, except the Supreme Court, shall have jurisdiction to issue any temporary restraining order, preliminary injunction, or preliminary mandatory injunction in any case or dispute involving the enforcement of environmental laws, rules and regulations, issuance, approval or disapproval, revocation or suspension of, or any action by a proper administrative official or body on concessions, licenses, permit, patents, or public grants of any kind in connection with the disposition, exploitation, utilization, exploration, and/or development of the natural resources of the Philippines,” HB 845 states.

 

On top of  any civil and criminal liabilities which a judge may incur under existing laws,  HB 845 states that a judge who shall issue a TRO, preliminary injunction, or preliminary mandatory injunction in violation of this Act shall suffer the penalty or suspension of at least sixty (60) days without pay.

 

The only exceptions to the proposed law are the following:  "a)  cases involving a constitutional issue that is of extreme urgency such that, unless a TRO, preliminary injunction, or preliminary mandatory injunction is issued, grave and irreparable injury will arise; b)  cases involving grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the administrative officer or agency."

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