G.R. No. 211146 & 211375, April 11, 2023
SECRETARY PROCESO J. ALCALA, AS SECRETARY OF THE DEPARTMENT OF AGRICULTURE, AND AS CHAIRMAN OF THE NATIONAL FOOD AUTHORITY COUNCIL, AND THE BUREAU OF CUSTOMS, REPRESENTED BY COMMISSIONER JOHN PHILLIP P. SEVILLA, PETITIONERS, VS. HONORABLE JUDGE EMMANUEL C. CARPIO, IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 16, REGIONAL TRIAL COURT IN DAVAO CITY, AND JOSEPH MANGUPAG NGO, RESPONDENTS. [G.R. No. 211375] SECRETARY PROCESO J. ALCALA, AS SECRETARY OF THE DEPARTMENT OF AGRICULTURE, AND AS CHAIRMAN OF THE NATIONAL FOOD AUTHORITY COUNCIL, AND THE BUREAU OF CUSTOMS, REPRESENTED BY COMMISSIONER JOHN PHILLIP P. SEVILLA, PETITIONERS, VS. HONORABLE JUDGE CICERO D. JURADO, JR., IN HIS CAPACITY AS PRESIDING JUDGE OF BRANCH 11, REGIONAL TRIAL COURT IN MANILA, DANILO G. GALANG, DOING BUSINESS UNDER THE NAME AND STYLE ST. HILDEGARD GRAINS ENTERPRISES, AND IVY M. SOUZA, DOING BUSINESS UNDER THE NAME AND STYLE BOLD BIDDER MARKETING AND GENERAL MERCHANDISE, RESPONDENT.

FACTS

These are consolidated Petitions for Certiorari assailing the Orders of Regional Trial Court Judges Emmanuel Carpio and Cicero Jurado, which enjoined the District Collectors from seizing, holding, and detaining the rice shipments of private respondents Joseph Ngo and Danilo Galang due to their lack of an import license from the National Food Authority (NFA). The Philippines, as a WTO member, had obtained concessions (special treatment) to impose trade restrictions on rice. The second concession was set to expire on July 30, 2012, and its continuation was contingent on the Doha Development Agenda negotiations. On March 20, 2012, the Philippines submitted a Request for Waiver seeking a third concession. Meanwhile, on March 22, 2013, the NFA issued Memorandum Circular No. AO-2K13-03-003, setting a rice import quota and providing guidelines for importation. Private respondents Ngo and Galang filed separate complaints for injunction after their rice shipments were seized for lacking the required NFA import license. Judge Carpio and Judge Jurado granted their applications and issued writs of preliminary injunction. Pending the certiorari proceedings, the WTO released a Decision on July 24, 2014, allowing a third concession effective until June 30, 2017.

ISSUE

Whether the respondent Judges committed grave abuse of discretion in granting the writs of preliminary injunction.

RULING

Yes, the respondent Judges committed grave abuse of discretion. Private respondents Ngo and Galang failed to establish a clear and unmistakable legal right (a right in esse) to engage in the importation of rice, which is the first essential element for the issuance of an injunction. Their rice shipments arrived without proper documents. Where the applicant’s right is doubtful, disputed, or not in esse, injunction is not proper. The possibility of irreparable damage without proof of an actual existing right is not a ground for injunction. Therefore, the issuance of the writs constituted grave abuse of discretion.