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Friday, January 07, 2005
City to seek reconsideration on boundary order
By Jennifer M. Depakakibo
THE City Government will seek a reconsideration after the Regional Trial Court (RTC) disapproved its compromise agreement with the Iloilo Terminal and General Services Inc. (ITGSI).
City Legal Officer Edgardo Gil told Sun.Star Thursday a motion for reconsideration will be filed for clarification as the City Government entered into a compromise agreement for the same reason stated in the court order, that is, to implement the "suspended" Perimeter Boundary Ordinance (PBO).
Judge Antonio Natino of Branch 26 disapproved the compromise agreement, as it is "contrary to law".
Regulation Ordinance 2003-117, referring to ITGSI's franchise, is "not dependent on the approval of the compromise agreement...because the ordinance itself provides a definite period for which it shall be implemented as stated in the effectivity clause," the Court said in its order dated Jan. 5, 2005.
ITGSI, represented by its general manager Narciso Pueblo, filed a civil case for mandamus and damages against the City Government for the non-implementation of the PBO.
The operator of the central-bound terminal in Ungka, Jaro said it will waive its claim against the defendant-city officials if the City Government will come up with a compromise agreement that would allow their company to operate the terminal.
Instead, the Court issued a writ of preliminary mandatory injunction, based on Pueblo's testimony that the non-implementation of the ordinance "shall cause great damage and prejudice" to their company.
Consequently, it ordered the City Government to immediately implement Regulation Ordinance 200-408 or the Perimeter Boundary Ordinance and to enforce ITGSI's franchise to enable the company to operate its terminal.
(January 7, 2005 issue)
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