AS THE Cebu Bus Rapid Transit (BRT) enters its final design stage, the Department of Transportation (DOTr) sees a need to ensure no further development or construction within the project area.
Transportation Undersecretary Mark Richmund de Leon wrote to Cebu City Mayor Edgardo Labella on Sept. 11, 2019 asking that an executive order (EO) be issued to prohibit such development and construction within the right-of-way (ROW) of the BRT corridor. De Leon noted there are ongoing constructions and developments along the BRT route.
But it would not be as easy as simply issuing an EO as Labella would have to seek legislation by the City Council because those concerned have the right to due process and equal protection of the law, City Attorney Rey Gealon said in a letter to Labella.
The BRT is one of the components of the proposed Integrated Intermodal Transport System for Metro Cebu which will have a monorail system as its backbone. The BRT buses will serve as feeder to the monorail transport system. The integrated system is seen as a solution to the growing transport shortage in Metro Cebu.
De Leon, undersecretary for road transport and infrastructure, said in his letter to Labella, “I would like to request assistance in the creation of an executive order to prohibit LGUs (local government units) in allowing any further development or construction, or issue any building, construction, or business permit within the ROW of the BRT corridor, which are contrary to the approved plans and purposes of the project.”
Labella is willing to secure the areas but he wants the DOTr to provide him with the final BRT route. “I will see to it that the BRT route is secure so the BRT will be fully constructed,” he said.
But Gealon said the mayor cannot just issue an EO, explaining that the memorandum of agreement (MOA) may not be a sufficient basis for the City to issue an EO in its exercise of police power to regulate the issuance of permits. The MOA referred to between DOTr and the Cebu City Government was for City Hall to facilitate the acquisition of lots and improvements needed for the project and the resettlement of informal settlers.
“The power to grant or issue licenses or business permits must always be exercised in accordance with law, with utmost observance of the rights of all concerned to due process and equal protection of the law,” Gealon said.
Gealon recommended that the DOTr letter be referred to the Cebu City Council for the proper legislative committee to draft the appropriate ordinance. (JJL)