The Regional Trial Court (RTC) in Baybay City, Leyte granted a petition by a large poultry producer for the issuance of a writ of attachment against the properties of a former mayor and an ex-municipal planning and development director of Palompon town in Leyte province.
Judge Carlos Arguelles of the RTC 8th Judicial Region Branch 14 issued a six-page order on Feb. 14, 2024, upholding as meritorious the arguments raised by DBSN Agriventures to seek the issuance of the writ of attachment against erstwhile mayor Georgina Arevalo and Jerome Pastor, a former municipal planning and development director of the same town.
“That evidently, defendants unlawful and evident bad faith and malice in refusing issuance of business permit, revoking locational clearance and eventual blocking of the passage of eggs from the breeder farm to hatchery has caused damage to plaintiff as a result of which plaintiff suffered actual damage in the principal amount of P195,252,970.913,” the court ruling said.
The court directed the sheriff to implement the writ after summons were served to the defendants.
DBSN is the largest poultry producer in the Visayas and Mindanao. DBSN counsel Gerentstain Banzon said that his client has a “good cause of action” against defendants Arevalo and Pastor for the recovery of actual damages.
DBSN’s petition for writ of attachment stemmed from Arevalo’s denial of DBSN’s renewal of business permit in 2021, citing alleged environmental violations. Arevalo also issued a cease-and-desist order against DBSN operations on Feb. 19, 2021.
DBSN counsel Gerentstein Banzon said Arevalo’s actions resulted in the failure of his client to deliver fertilized eggs for hatching to other facilities owned by San Miguel Corp.
“Based on the contract of San Miguel and DBSN, DBSN was obliged to pay and has in fact paid P110 million in terms of penalties. DBSN has also suffered a loss of income in the amount of P84 million with total damage of P195,252,970.913,” Banzon said.
A temporary restraining order and preliminary injunction were subsequently issued by the Palompon RTC which affirmed DBSN’s right to continue the chicken breeder farm operations.
