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Saturday, January 07, 2006
Keep coast road open: judge
By Jujemay G. Awit
Sun.Star Staff Reporter
The Cebu South Coastal Road will remain open, at least until the civil case in relation to its closure is resolved.
Regional Trial Court (RTC) Judge Soliver Peras of Branch 10 has denied the Cebu City Government’s motion for the court to reconsider its order, issued Oct. 17, 2005, to open the road to the public.
Mayor Tomas Osmeña, South Reclamation Project (SRP) Manager Paul Villarete and City Administrator Francisco Fernandez argued in the motion that the court did not follow the rules in issuing a preliminary injunction.
Through City Hall lawyers Rodolfo Golez and Joseph Bernaldez, the City noted the need for a hearing and notice, before the injunction can be issued.
But Judge Peras defended his order, saying there were a number of hearings scheduled to accommodate the defense.
2 absences
“This court would like to refresh the memory of the city officials of the fact that they were given ample time and opportunity to present its case before this court,” his Jan. 4 order read.
It was on May 5, 2005 that a hearing was first set on the motion for preliminary injunction, the judge recalled.
He also noted that Osmeña was invited to the June 20 and 22 hearings last year to air his side.
Osmeña “was invited twice and in both instances, he failed to do so for reasons that he considered to be of much more importance than the matter in issue,” Peras’ order read.
Osmeña had said he failed to attend the first hearing since he was attending a burial. His second chance to testify in court was thwarted when the City filed a motion to dismiss, which the court eventually denied.
Peras added that the City was also given enough time to submit its memorandum or position paper and other documents for the court to examine.
Discrimination
“So much time that it delayed the issuance of the preliminary injunction,” Peras said.
The City also filed a motion for clarification in court, citing “vague directives” in the order closing the coastal road.
But Peras only noted the motion, saying the essence of a preliminary injunction is to preserve the status quo. What was being avoided, he pointed out, was the “discriminatory access” being exercised by City officials who limited the use of the road to persons it had selected.
“This court is in awe why there is a need to clarify,” he said.
Responsibility
One of the City officials’ questions dealt with the court’s order to remove all obstacles from the coastal road. The City wanted to know if that includes checkpoints and guard stations.
The motion also asked why the road would have to be kept open to traffic only from 5 a.m. to 7 p.m.
Judge Peras explained this was to ensure that the continued construction inside the SRP will not be hampered.
For Bisaya stories from Cebu. Click here. (January 7, 2006 issue)
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City officials further asked whether the City should still take responsibility for security, considering that the court deemed the road to be a National Government project.
“The order required the City Government to allow free usage of the (road) by the public without the need of any passes or any additional requirement from the City. It did not transfer territorial responsibility of the Cebu City Government, thus, it remains responsible for the safety and unhampered usage of the road to all motorists,” Judge Peras clarified.
The coastal road was closed to the public on April 8, 2005. Lawyer Alfredo Sipalay, in his capacity as a taxpayer, filed the case to reopen the road, saying he and other motorists were greatly inconvenienced by its closure.
Hearings on the case will resume on Jan. 12. (JGA)
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