Court orders SBMA to issue permit to operate to locator in contempt case

ZAMBALES, Philippines – A local court has ordered the Subic Bay Metropolitan Authority to issue Brighterday Subic Ltd. Inc, operator of All Hands Beach, a Certificate of Registration and Tax Exemption (CRTE), after the latter filed a contempt case against SBMA. 

In a decision dated October 31, 2019, but released only last week, Judge Roline Ginez-Jabalde of Olongapo City’s Branch 74 granted Brighterday Subic Ltd Inc’s petition for Preliminary Mandatory Injunction.

Judge Jabalde also required Brighterday to post a bond in the amount of P300,000.  

The SBMA refused to issue the CRTE because of a dispute over All Hands Beach’s supposed unpaid obligations.

Brighterday then petition a petition because of the SBMA’s supposed refusal to follow the terms and conditions of a Court Judgement dated April 8, 2019, Paragraph 3 of which states that:

a. The period of notices and observance of due process in case of any alleged violation shall be taken into consideration.

b. Pre-termination shall be exercised with caution by way of recognizing the right of Brighterday to the provision of cure/remedy of 60 days. 

Named respondents to the contempt case are SBMA Administrator and Chairperson Wilma Eisma, Senior Deputy Administrator Ramon Agregado, and other agency officials.

“SBMA’s officers, with malice and bad faith, intentionally misinterpreted how these admission fees are to be paid and computed,” said Diosdado Rongcal, counsel for Brighterday.

SBMA’s refusal to issue the CRTE came even after Brighterday Inc submitted all required documents and paid the prescribed 3-year fees and was even issued a receipt by the SBMA dated January 4, 2019.

In recent weeks, SBMA has been the subject of legal cases filed by Subic Freeport locators for policies that businessmen claim are inimical to locators in the freeport.

The Subic Coastal Development Corp, developer of Moonbay Marina, Subic Bay Marine Exploratorium Inc, operator of Ocean Adventure, and All Hands Beach have called on the SBMA to implement and respect the spirit of the Ease of Doing Business law, the signature legislation of President Rodrigo Duterte. – Rappler.com