It’s back to lower court to settle Subic port unrest

What are a freeport locator’s rights? A court answer to that simple question can settle turmoil in the sprawling economic zone. Perhaps assuage restive workers.

Cargo handler Amerasia International Terminal Services is a pioneer at Subic Bay Freeport. It petitions the Olongapo Court for “declaratory relief.” Such plea seeks “an authoritative statement of rights and obligations of parties.”

On a definition of rights depends Amerasia’s operation, capital and workers. Its case “is not to settle issues arising from an alleged breach [of rights and obligations, but] may be entertained before the breach or violation of contracts.”

Dire events prompted the court petition. In 2021 the Supreme Court 3rd Division upheld the Olongapo judge’s kicking Amerasia and fellow pioneers out of Subic. Although the five magistrates were split 3 to 2, the case was not raised to the en banc.

Thus, newcomer Harbour Centre Port Terminal Inc. is set to replace the pioneers, based on issues questioned 13 years ago.

The SC is not a trier of facts; it determines constitutionality, legality and procedural validity. So it’s back to the lower court for a factual declaration.

One of two respondents is Subic Bay Metropolitan Authority (SBMA). The other naturally is Harbour Centre.

Since June 2023 Amerasia has been asking SBMA about its plans, given that previous chairmen, administrators and board members resisted Harbour Centre’s entry. Present SBMA chairman-administrator Jonathan Tan and director Jose Mari Ponce were mum. SBMA simply issued Harbour Centre notices of award and to proceed.

Foreign and domestic investors are closely monitoring the case outcome. They need proof of sanctity of Philippine contracts.

Other Subic pioneers, high-tech port developers Mega Subic Terminal Services and Subic Seaport Terminals, are watching too. Same with their thousands of employees who fear job losses.

Since 1994 Amerasia, Mega Terminals and Subic Seaport Terminals have contributed P2.7 billion to SBMA revenues. Suppliers who installed P1 billion in machineries and shops added more.

All now worry about being eased out. Unknown is how many of 145-thousand workers and entrepreneurs from surrounding provinces