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Pernito Arrastre Services, Inc., et al vs Hon. Rafael Mendoza, Phil Ports Authority & USD

PERNITO ARRASTRE SERVICES, INC., APOLONIO BACALLA, doing business under the style "Bacalla Arrastre Services," ARISTON AGUILAR, doing business under the style "Aguilar Arrastre Services," ROMEO CABRAS, doing business under the style "Cabras Arrastre Services;" GUERRERO DAJAO, doing business under the style "Dajao Arrastre Services," NI?O TAMARRA, doing business under the style "Tamarra Arrastre Services," JESUS GARCIA, doing business under the style "Garcia Arrastre Services," FRANCISCO AGUIRRE, doing business under the style "Sto. Rosario Arrastre Services," TEOFILO ESTOCE, doing business under the style "E & C Arrastre Services," RAMON P. TECSON, doing business under the style "Tecson Arrastre Services," MARCELO A. CANSANCIO, doing business under the style "Tabunec Arrastre Service," SIMEON M. PACA, SR., doing business under the style "A. O. Paca Arrastre Service," ANDRES ROMARIZ, doing business under the style "F. Figueroa Arrastre Service," NILO SERVILA, doing business under the style "Servila Arrastre Services," RHODA F. BANCOY, doing business under the style "Tan Arrastre Services," FILOMENO PEPITO, doing business under the style "F. Pepito & Villacruses Arrastre Service," VICTORINO SY, doing business under the style "E. V. Sy Arrastre Services," and ROMEO GADIANO, doing business under the style "Gadiano Arrastre Service," petitioners, vs. HON. RAFAEL T. MENDOZA, as Presiding Judge of the Court of First Instance of Cebu, Branch II, PHILIPPINE PORTS AUTHORITY, and the UNITED SOUTH DOCKHANDLERS, INC., respondents.

G.R. No. L-53492 | 1986-12-29

D E C I S I O N


GUTIERREZ, JR., J:

These petitions which are resolved in a consolidated decision seek to permanently restrain the Philippine Ports Authority from taking over the arrastre and stevedoring operations in the port of Tacloban, Leyte. The petitioners invoke the constitutional right to due process of law and to non-impairment of contract.

The background of these cases is as follows:

In November, 1972, an Ad Hoc Committee on Waterfront Services was created by the Government to study the problems of arrastre and stevedoring operations in various ports in the Philippines. Among the problems pinpointed were the proliferation of...