JOMAR CANLAS
A group of farmers has asked the Supreme Court (SC) to sack Davao City Regional Trial Court (RTC) Branch 16 Presiding Judge Emmanuel Carpio for issuing an order restraining the Bureau of Customs (BOC) from seizing 91,800 bags of imported white rice last year.
The complaint filed by Jaime Tadeo Alyansa, Agrikultura leader and chairperson of the National Farmers Council, sought the dismissal of Carpio, a brother of Ombudsman (OMB) Conchita Carpio Morales.
One Joseph Ngo filed a complaint before Carpio against the BoC for intercepting 15 rice shipments from Starcraft International Trading Corporation that were allegedly imported without a permit from the National Food Authority.
Tadeo said “[t]he State was not represented by the OSG in the proceedings; the State was not given an opportunity to present its evidence and arguments; there was no clear right on the applicant, Mr. Ngo, to the injunctive writ; Presidential Decree No. 4, Republic Act No. 8178 and consequently, National Food Authority Memorandum Circular or Administrative Order-2K13-03-003, which requires rice imports to be covered by duly issued import permits, are all presumed to be valid; Mr. Ngo had no standing to invoke the World Trade Organization-General Agreement on Tariffs and Trade (WTO-GATT); Mr. Ngo failed to establish his right to the shipments in question, and Mr. Ngo failed to implead indispensable parties.”