The Makati Regional Trial Court banned the release of imported steel unless inspected and certified by Bureau of Product Standards to ensure the shipments are compliant with local standards.
The Makati RTC said the bureau must issue another set of implementing rules and regulations for steel importation after they were earlier declared null and void.
The court declared Department Order No. 5 dated 2008 and its IRR and DAO No. 15-01 “null and without force and effect because they gave DTI (Department of Trade and Industry)/BPS authority/powers beyond what the law prescribed (ultra vires).” It said that the DAOs and IRRs violated/amended RA 4109.
RA 4109 required the IRR to be approved by the Trade secretary and the President. But the court noted that it was BPS director Jesus Motoomol who “alone drafted” the IRR of DAO 5.
