CA issues TRO vs DENR order to stop operation of Dole plant

MANILA, Philippines - The Court of Appeals has ordered the Department of Environment and Natural Resources (DENR) to stop from implementing its cease-and-desist order against a processing and canning plant owned by multinational food firm Dole Philippines in South Cotabato. In a 12-page resolution penned by Associate Justice Mariflor Punzalan-Castillo, the CA Third Division said the 60-day temporary restraining order will be effective upon Dole’s posting of a bond amounting to P1 million. The cease-and-desist order was slapped by DENR’s Pollution Adjudication Board (PAB) after finding out that the machine and equipment used by Dole in its plant in Surallah town were causing water and air pollution. The assailed CDO ordered Dole to “cease and desist from undertaking any activity and/operating its machine or equipment from generating pollution until (it) secures the required permits from the regional office (Region 12-Socsksargen).” The appellate court reasoned out that Dole has sufficiently shown the urgent necessity of the issuance of a TRO to maintain the status quo. “If the CDO were to be enforced and petitioner were to be prevented from operating, great and irreparable damage may be caused and tremendous economic losses might be incurred not only by petitioner but by its more than 700 employees who depend upon it for their livelihood,” the court said. The court also noted that DENR Region 12 has failed to act on a request by Dole, which assumed ownership of the plant in 2006 from T’boli Agro Development Inc. (TADI), to give them three years to comply with all the requirements of the environmental laws. The CA also directed the PAB to formally file its objection to Dole’s petition for the issuance of a writ of preliminary injunction. - GMANews.TV