THE Mandaluyong Regional Trial Court has granted the plea of the Metro Manila Turf Club Inc. for a writ of preliminary injunction stopping the Philippine Racing Commission from implementing various resolutions that MMTCI challenged as invalid and illegal.
The court granted the injunction applied for by the MMTCI after it “found clear and unmistakable right …to restrain the respondents from continued and threatened implementation of the 53 resolutions.”
The court said the 53 resolutions amount to a “material and substantial invasion of petitioner’s rights since the aforementioned Resolutions touch upon and interfere with almost every aspect to petitioner’s business operations which may cause grave and irreparable injury to the latter through the suffering of immense losses to the brink of financial failure.”
The court cited several court decisions in granting the MMTCI application for a preliminary injunction to stop the respondents “and other officers, employees, agents, representatives and all those acting on their behalf from implementing the 53 Resolutions that were issued in 2015 and 2016.”
The MMTCI, which operates the country’s third and latest horseracing track known as MetroTurf in Malvar-Tanauan, Batangas, earlier applied for an injunction against the said 53 Resolutions that were issued by the Philracom—led by its chairman Andrew Sanchez—since “it [Philracom] is not authorized to impose penalties under administrative regulations.”
Among the respondents in the P22-million damage suit filed by the MMTCI were Philracom commissioners Lyndon Noel B. Guce, Victor Tantoco, Jose P. Gutierrez Santillan Jr., Bienvenido Niles Jr., Wilfredo J. A. Ungria, Ramon Bagatsing Jr., and executive director Andrew M. Buencamino.
These 53 resolutions, according to MMTCI, “along with the administrative regulations that (Philracom) continue to issue and implement this year, have virtually stripped it of any real control over its business affairs and making it little more than an agent of Philracom’s whims and caprices.”