Court nixes bid to stop oil price hikes
The Manila Regional Trial Court (RTC) dismissed Monday a move to stop the three big oil firms in country from raising prices of petroleum products “almost on a weekly basis.”
Judge Silvino Pampilo Jr. of RTC Branch 26 set aside for lack of merit a motion by the Social Justice Society (SJS) for the court to issue a temporary restraining order (TRO) against Chevron, Pilipinas Shell, and Petron.
“Although this court sympathizes with the cry of the masses and the seeming inability of the government to act and remedy the situation, this court cannot issue an injunctive relief to stop oil price increase absent any factual or legal basis,” Pampilo said in a three-page order.
The judge cited the testimony of University of the Philippines (UP) professor Solita Monsod on the absence of overpricing and monopoly among the three oil companies.
“She (Monsod) explained that there is no overpricing and there are no excess profits or monopoly profits and there are empirical and theoretical basis for her answers,” he pointed out.
“After careful and judicious review of the arguments of the parties and the invited experts, petitioners failed to establish a clear and unmistakable right to warrant the issuance of an injunctive writ,” he ruled.
Pampilo also cited a Supreme Court (SC) ruling that any motion for the issuance of an injunction should not be granted unless in cases of great injury and only when the court is fully satisfied “that the law permits it and the emergency demands it.”
The SJS sought the issuance of a TRO in August last year in an attempt to prevent the oil firms from further raising oil prices.
The group cited a study by the National Economic Development Authority (NEDA) disputing the pricing of petroleum products by the oil companies which, it claimed, gives sufficient basis for the issuance of the TRO and the writ of preliminary injunction.
Among the witnesses presented by the SJS to support its claim of price cartel by the oil companies were Consumer and Oil Price Watch (COPW) Raul Concepcion and former National Economic and Development Authority chief Ralph Recto.
Pampilo set the continuation of the hearing for the petitioner’s motion for the issuance of a writ of preliminary injunction on Feb. 1 and Feb. 4.



