ISSUES surrounding the approval granted by former mayor Tomas Osmeña for the operation of a van-for-hire (v-hire) terminal on a City-owned lot on Junquera St. in Barangay Kamagayan, Cebu City in 2016 have been resolved.
This after the Office of the Ombudsman dismissed the criminal complaint filed by then councilor now Vice Mayor Raymond Alvin Garcia against Osmeña and former city treasurer Tessie Camarillo in 2017 for lack of probable cause.
The Office of the Ombudsman approved the 12-page dismissal resolution for the case on Dec. 15, 2022, which the respondent received on Oct. 25, 2023, five years after the complaint was filed.
Garcia alleged that Osmeña and Camarillo had violated Section 3 (a), (e), and (f) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.
The complaint stemmed from Cebu City Ordinance (CO) 1958, or An Ordinance Regulating the Establishment and Operation of the Terminals for Public Utility Jeepneys and V-Hire Vehicles in the City of Cebu, which was enacted by the City Council on Feb. 12, 2003.
The ordinance regulates the operation of terminal for PUJs and v-hire vehicles including the review and approval of application for the issuance of certificate of accreditation on the establishment of PUJs and v-hire vehicle terminals operating within the city.
Garcia’s complaint contended that Osmeña violated CO 1958 by approving the establishment of the terminal without the required certificate of accreditation from the City Council.
Under CO 1958, the City is obligated to collect registration fee of P2,000 per v-hire unit annually, terminal fee in an amount equivalent to the one-way fare of one passenger, annual fee of P20,000 and regulatory fee that may be imposed for the privilege of carrying on the business of operating a v-hire terminal.
Resolution
In its resolution, the Ombudsman emphasized that there was no evidence of actual damage or harm to any party, including the government, as the v-hire operation generated income during its temporary operation.
The Ombudsman further explained that Osmeña’s decision to allow the temporary use of the City-owned property in Kamagayan was made to address a pressing transportation issue affecting the public, in accordance with the mandate given by the Local Government Code while he was serving as the city mayor.
“It cannot be said that the v-hire drivers were given unwarranted benefit because the ultimate consideration was the availability of the transportation and convenience of the riding public. Thus, the temporary location of the V-hire service was intended to promote the benefit of the public and a solution to the pressing traffic congestion,” read a portion of the Ombudsman’s resolution.
The Ombudsman also noted in its decision the City had been finding solutions or making feasibility activities regarding the establishment of the terminal for v-hires in the past.
“Up to 2016, the action had been temporary in nature because its location has been transferred from one area to another. It is fair to say that the action of respondent Osmeña was for the welfare of the riding public,” the Ombudsman said.
The City Government under now Mayor Michael Rama closed the Kamagayan v-hire terminal on April 28, 2023, due to alleged illegal operations.
The south-bound v-hire units are now stationed at the Cebu South Bus Terminal on N. Bacalso Ave.
The area in Kamagayan used to be occupied by the v-hire terminal has been converted into a food strip in May this year.