Bago Regional Trial Court Judge Frances Guanzon Tuesday issued a writ of preliminary injunction stopping Pulupandan barangay captains and their representatives from obstructing two roads leading to Asian Alcohol Corp.

Guanzon, in her nine-page decision, a copy of which was furnished the DAILY STAR by AAC lawyer Roger Reyes yesterday, enjoins the defendants from continuing their human barricades, tollgates and roadblocks in Barangays Zone 6 and Canjusa, Pulupandan.

They were also enjoined from further erecting similar road obstructions that would prevent the free flow of passengers and cargo on vehicles, and delivery trucks of AAC suppliers going to and from the company’s alcohol plant.

The plaintiff ACC was also ordered to put up a P200,000 injunction bond  that will indemnify  the defendants for whatever damage they may sustain  by reason of the injunction should the court finally decide against AAC.

The barangay captains and their companions were protesting against alleged water and air pollution caused by AAC.

“The court recognizes the sacred right of the people to peaceful assembly as enshrined under our Constitution. However, sacred as it maybe, the court likewise believes that the people’s right to assembly should be exercised within the bounds of the law,” the judge said.

The concerns over air and water pollution raised by the defendants which led to the rally, may be valid, but a permit to rally does not give them license to prevent AAC’s vehicles and suppliers from passing through roads used by the public for years, she said.

“Defendants have the right to free assembly, but every right carries with it the corresponding obligation. Freedom is not a freedom from responsibilities, but freedom with responsibilities,” she said.

Whether or not AAC has met the standards set by the Pollution Adjudication Board of the Department of Natural Resources should be supported by scientific findings to be adjudged by the body tasked to do so, she said.

Meanwhile, while AAC also informed the court that canals were dug up in the middle of Riego and Malicon streets, the judge said there was no convincing evidence that the defendants were responsible, so such will not be discussed in her order.

AAC has not been operating since June 2 after a backhoe allegedly working on the town’s drainage system destroyed its water supply pipe at 10:30 p.m. on June 1.

Pulupandan barangay captains and the office of the mayor have issued cease-and-desist orders on AAC for alleged pollution.

But Reyes yesterday said AAC cannot abide by the CDOs, saying it is only within the powers of the DENR and its Pollution Adjudication Board to issue a CDO.

Pulupandan Mayor Magdaleno Peña yesterday said that, aside from the CDOs issued by the barangay captains and his office, a Temporary Lifting Order of a CDO issued by the PAB on the alcohol firm lapsed Monday.

That means there are now three CDOs in force against AAC, he said.

He said that, with all due respect to the judge, the injunction violates the bill of rights of the protesting barangay captains.*CPG

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