Cebu court junks plea to halt vessel-docking at Cebu South Harbor

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A Cebu City court has junked a petition by cargo operator Oriental Port & Allied Services Corp. (OPASCOR) seeking to block cargo ships from using the facilities of Cebu South Harbor and Container Terminal Corp. (CSHCTC).

In an eight-page order issued September 25, Presiding Judge Leah Geraldez of Cebu City Regional Trial Court (RTC) Branch 20 denied OPASCOR's prayer for a temporary restraining order (TRO) and preliminary injunction against Cebu Port Authority (CPA) and CSHCTC.

"Wherefore, premises considered, OPASCOR's application for the issuance of temporary restraining order and writ of preliminary injunction is hereby denied for lack of merit," the Cebu court ruled.

OPASCOR had urged the court to stop the CPA from authorizing vessels to berth at CSHCTC's private port, alleging regulatory violations and breaches of the terminal's permit.

However, the court ruled that OPASCOR failed to demonstrate a "clear and unmistakable legal right" requiring judicial protection—the primary threshold for granting injunctive relief.

"Thus, OPASCOR has failed to establish the first requisite for the issuance of a writ of preliminary injunction," the court said.

"OPASCOR likewise failed to establish irreparable damage… Damages are irreparable within the meaning of the rule relative to the issuance of injunction where there is no standard by which their amount can be measured with reasonable accuracy," it said.

The court noted that because OPASCOR quantified its losses in its own filing—citing declining revenues, lower cargo volumes, and reduced CPA remittances—the alleged financial harm is measurable and does not warrant an emergency injunction.

"Lastly, the issuance of a writ of preliminary injunction would effectively result in the determination of the merits of this case before the holding of a full trial," the court said.

GMA News Online sent an email to OPASCOR requesting comment on the matter, but it has yet to respond as of posting time. — VDV, GMA News