A Regional Trial Court judge has ruled that the assessment and collection of the municipal license, parking, fire fund and fire clearance fees by the Hinigaran municipal government "is without legal basis and therefore is illegal."

Judge Edgardo Catilo of the Himamaylan RTC in a decision released last week granted the injunction sought by Garwell Moreno and the other officers of the United Tricycle Operators and Drivers of Hinigaran Inc. against Mayor Caroll Guanco and the Municipality of Hinigaran.

Catilo also permanently enjoined the Municipality of Hinigaran and Guanco from further collecting the municipal license (P120 annually), parking (P100), fire fund (P34.50) and fire clearance (P25) fees from the public utility tricycle operators in the town. The judge also ordered the Hinigaran treasurer to refund the tricycle operators who are members of the United Tricycle Operators and Drivers of Hinigaran Inc. the fees they paid for the years 2003 and 2004 shown in official receipts issued to them, except the fire fee.

Since the fire fee already collected from the tricycle operators had been remitted to the national government, refunds for it by the Hinigaran government is no longer possible, Catilo said.

Guanco said he was surprised by the decision of Catilo because it is a total reversal of his ruling on Feb. 14, 2005 .

Guanco referred the latest ruling of Catilo to the Provincial Legal Officer and was informed that they can still continue with their collections since the judge's decision is not final and executory, he said.

We will file a motion for reconsideration, Guanco said.

He said those who filed the civil case were members of only one group of the tricycle operators in the town and alleged that there was politics involved in the move.*CPG

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