SOMETHING AMISS, SAYS VILLARETE. Why is there a problem over the demolition of two skywalks along Osmena Blvd. in Cebu City in relation to the ongoing construction of a Bus Rapid Transit (BRT) system?
Nigel Paul Villarete, former city administrator, told me Friday, September 1, 2023, an MOU or memorandum of understanding among Department of Transportation (DOTr), Deptartment of Public Works and Highways (DPWH), and Cebu City Government (CCG) signed on July 30, 2014 was supposed to cover any problem. To implement and firm up the “understanding,” DOTr had created: (a) BRT National Program Management Office (NPMO) and (b) BRT National Steering Committee (NSC). NPMO for “managing” and NSC for “steering.”
Earlier in the day, Villarete posted on Facebook this comment, “Something is amiss… why should there be a problem” when an MOU and two DOTr offices already have it covered? “May management na, may steering pa,” to put it in street language. The document -- signed by Joseph Emilio Aguinaldo Abaya for DOTr; Rogelio Singson for DPWD; and Mike Rama for Cebu City -- lists the “obligations and responsibilities” of each department and the LGU.
Villarete may have enormous faith in MOUs and interim offices. Or it’s just the kinder way of telling the public officials, Look, you have all the tools or equipment; use them.
IS SYSTEM WORKING? So any and all problems related to the BRT project are supposed to be covered. Covered by documents -- and people. But is the concept being implemented?
It looks like it’s not yet working:
[] since Norvin Embong, BRT project manager, couldn’t find from among all national government offices the owner of the two skywalks;
[] since the City Council has refused to assume ownership of the skywalks and won’t order their removal, until it would see proof of ownership and Commission on Audit (COA) approval of the demolition, even as City Administrator Collin Rosell, declared to Embong, even before the Sanggunian could decide, that the City Government there and then assumed ownership and custody of the two skywalks.
'MLR, THERE’S A PROBLEM.’ The “Work Force” (shorthand for City Hall insiders) of Mayor Michael Rama -- who was reported to be on leave from August 15 to August 30 for a trip to the US -- must have already sent the alert.
The city administrator, acting under his name and authority, said “go” on the project manager’s request. But the City Council, purportedly to uphold Mayor Mike’s mantra of rule of law, refuses the request of BRT’s Embong for the City Council to “assume ownership” of skywalks and then order their demolition. Whose decision will be honored by the Office of the Building Official (OBO)? Depends on what the law and ordinance provide and whether OBO will enforce it.
That might delay removal of the skywalks if OBO won’t issue the demolition permit unless authorized by the City Council, which has firmly required proof of ownership and COA approval.
SANGGUNIAN WORRIES OVER SANCTION. As early as last June 9, the City Council requested the BRT contractor and government agencies -- including OBO and the city’s Department of Public Works -- to comply with legal requirements. Councilor Rey Gealon’s advice then -- “we have to report it to COA if we destroy any government property; each skywalk cost about P4 million” -- must be what has prompted the current stance of the Sanggunian.
To recall: On December 10, 2015, Mayor Mike returned from a trip to Paris only to face a 60-day preventive suspension by the president’s office, which would take him out of Sinulog and the International Eucharistic Congress, two major events that dominated early 2016. Rama was accused of grave abuse of authority and misconduct for destroying a barangay-funded center-island project and taking down surrounding streetlights in Bry. Labangon
ROSELL SAYS ‘GO.’ Mayor Mike’s city administrator Atty. Rosell -- schooled in law like Atty. Gealon -- seems unperturbed by the prospect of a sanction against the mayor.
Maybe he believes the 2015 suspension was a political campaign strategy as Rama was then supporting Jejomar Binay for president. Rosell must think that won’t happen under the current president. Besides, nobody has yet come out to oppose, let alone sue, for the retention of the skywalks. Still, how about the “rule of law,” which, Galeon told the City Council this week, the mayor espouses and defends?
CITY’S SPECIFIC JOB. Of the four obligations and responsibilities of Cebu City under the project’s MOU, these two stand out:
“[c] To extend assistance to and cooperate with DOTC (Department of Transportation and Communications) whenever particular issues and concerns need to be consulted with relevant stakeholders in the city,” particularly on land acquisition and resettlement, working with jeepney operators and industry workers, and “mitigation of social impacts.”
(When the MOU was signed, DOTC was Deptartment of Transportation and Communication. Dept. of Information and Communication Technology (DICT) was created June 9, 2016 -- and DOTC became DOTr).
“[d] To formulate ordinances/local issuances regarding BRT traffic within Cebu City.”
The first two tasks -- listed as [a] and [b] -- are about providing resource persons and “inputs and recommendations” as well as comments on plans, proposals and feasibility studies for the project.
Oddly enough, the skywalks issue won’t fit snugly into any of the listed duties by the MOU. The Sanggunian particularly is bound by the memo to help on legislation regarding traffic. As an LGU, the City is mainly called upon to lead “engagement” with stakeholders and affected sectors.
LGU TO BENEFIT MOST. But then cooperation on anything that will delay or even disrupt the BRT construction doesn’t have to be legally prescribed and demanded. The project, after all, will benefit the City more than the other entities represented in the memorandum.