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Tuesday, June 07, 2005
Mayor has no right to close road: lawyers' group
By Jujemay G. Awit and Gingging A. Campaña
CEBU CITY -- The Integrated Bar of the Philippines Cebu City chapter has gotten involved in the civil case against Mayor Tomas Osmeña and two other officials because, for the group, City Hall has no authority to close the Cebu South Coastal Road.
The group of lawyers, represented by Gloria Lastimosa-Dalawampu, wants the court to order Osmeña to open the road again to all motorists.
While Regional Trial Court Judge Geraldine Econg was hearing the case Monday, the mayor announced he will open the coastal road 90 days after the titles of the South Reclamation Project (SRP) are issued.
"Being a national road, the jurisdiction to have it closed does not belong to Osmeña. Such closure can only be made by authorized national agencies on reasonable grounds," the IBP complaint said.
But in a separate interview after the hearing, SRP manager Nigel Villarete said the President herself transferred the ownership of the coastal road to the City Government by virtue of Proclamation 843 dated May 26, 2005.
Villarete, who was impleaded in the case, said the City Government already has sole authority over the coastal road, and that it is not separate and distinct from the SRP.
However, the road was closed last April 8 yet, before the presidential proclamation was issued.
By the time the titles are available and City Hall starts selling the SRP lots, the mayor said motorists who wish to use the coastal road no longer need security passes.
But the facility will be open only to vehicles at 6 a.m. to 6 p.m., Monday to Friday. It will be closed on Saturdays and Sundays, Osmeña said.
The court, though, has to resolve whether the mayor has the power to close the road, as raised by the original complainant, lawyer Alfredo Sipalay, who filed the case as taxpayer and Cebu City resident.
City Administrator Francisco Fernandez was also included in the case that was filed last April 15.
In Monday's hearing, Dalawampu represented the IBP Cebu City through a motion for intervention with a prayer for a writ of preliminary mandatory injunction and a temporary restraining order.
Acting City Attorney Rodolfo Golez, however, questioned the entry of the IBP because it may be a case of forum shopping, considering another case was filed against Osmeña before Ombudsman Simeon Marcelo.
Econg told Golez to file his comment on the IBP intervention in 10 days.
But Dalawampu questioned the appearance of Golez as City Hall lawyer since he is also serving as Cebu City prosecutor under the Department of Justice.
DPWH 7 Project Director Nilo Pamaylaon, during his cross-examination Monday, told the court that the coastal road is yet to be declared a national road pending the completion of the project.
Three of the five road sections have already been turned over to the National Government, but the offshore ramp is still 76 percent complete, while the subway section is at the pre-construction stage yet.
This does not also mean that the coastal road is under the jurisdiction of the Cebu City Government already, Pamaylaon said.
He told the court, though, that in terms traffic authority and maintenance, Segment 1 or the Talisay section has been turned over to the Talisay City Government, while the rest was turned over to the Cebu City Government.
However, the Department of Public Works and Highways (DPWH) 7 engineer cannot say whether the City Traffic Operations Management has the authority to open and close the coastal road whenever it feels.
Pamaylaon said he is not familiar with the provisions of the Local Government Code on this matter.
But when Dalawampu, representing the IBP, asked the DPWH official if the SRP and the coastal road are separate and distinct projects, Pamaylaon answered yes.
Six lawyers belonging to IBP Cebu City chapter have also filed a complaint against Osmeña and Villarete before the Office of the Ombudsman in Manila last May 26.
The complaint sought the immediate preventive suspension of both officials and for Ombudsman Simeon Marcelo to order the mayor and Villarete to reopen the coastal road.
The mayor had admitted that his decision had something to do with Cebu City's conflict with Talisay City, which is claiming that 53.44 hectares of the 295-hectare SRP are in its territory.
City Hall officials in charge of securing the titles for the SRP will have to work double-time so the road will be reopened before the end of the year.
On Monday, Osmeña clarified that City Hall's issuance of SRP passes is not biased against Talisay City residents, but a Cebu City registered voter, being the true owner of the SRP, is automatically given a pass.
Osmeña said they have to screen applications for security passes from residents outside Cebu City as some merely apply only because they own a vehicle.
"(They get passes if) they are working in a recognized company or highly recommended by ALU, Gabby Leyson and other councilors, the Jaycees, Kiwanis and other civic clubs," he added.
Two types of security passes are issued-one for an individual who has to come to City Hall to have his photo taken for security ID, and the other a vehicle pass in a form of a sticker.
To get the sticker, one has to submit a letter justifying why he needs the pass and a photocopy of his vehicle's certificate of registration and its official receipt.
The reopening of the coastal road will be done in phases, as the City Government needs more funds for SRP's security, such as hiring blue guards and assigning policemen and vehicles to patrol the area.
Osmeña, however, assured the public that requirements to use the coastal road will later be relaxed. (Sun.Star Cebu/Sunnex)
(June 7, 2005 issue)
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