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Bacolod City, Philippines Tuesday, February 28, 2012
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Southbound operators
case vs. city dismissed

BY CHRYSEE SAMILLANO

The Regional Trial Court dismissed for lack of merit the complaint filed by the four southbound public utility vehicle operators seeking the declaration of nullity and unconstitutionality of City Ordinance No. 187 and Memorandum Order No. 114 injunction for the issuance of a writ of preliminary injunction with damages,.

The petition was filed by Nenita Peters, Rizalina Alon, Noel Moncay and Jovito Gahataon before the RTC on Sept. 12, 2011 against Bacolod Mayor Evelio Leonardia, Police Chief Inspector Luisito Acebuche of the Bacolod Traffic Authority, City Legal Officer Joselito Bayatan, Bacolod City Police Director Senior Supt. Ricardo de la Paz and four department heads, and involved the closure of the waiting station in Libertad.

 The bus operators claimed that C.O. 187 and Memorandum 114 are unconstitutional or invalid, and that this implementation, in a despotic and whimsical manner violates the constitutionality enshrined equal protection clause of the 1987 Constitution, and deprived them of their purely private property rights without due process of law.

Bayatan yesterday said C.O. 187 and memorandum Order 114 are valid exercise of police power of the mayor and one reason for it is to decongest the heavy volume of traffic of people, including transportation.

NO ACT OF OMISSION

In his order dated February 20, 2012, RTC Judge Manuel Cardinal Jr. of Branch 49, said that, based on jurisprudence and the contention of the parties, the court found no act or omission on the part of the government officials that may result to violation of the southbound PUV operators’ rights.

The bus operators failed to establish their cause of action, he said.

Cardinal said the bus operators were not prohibited to operate their business, in fact, until now they are still in operation plying their usual route from the south to Sambok terminal at Lopez Jaena street.

He said they were not compelled to close down their terminals for no terminals exist, but only a waiting station whose creation had already been repealed by C.O. 187.

NOT PROHIBITED

Cardinal said their sub lessors Lizron Enterprises and VR Lizares, Inc., who own and operate the parking lot, were not prohibited to operate their parking business. They could offer the parking lot to other customers except the southbound bus operators who are mandated by C. O. 187 to use the South Terminal at Lopez Jaena Street, he said.

Thus, the means employed are reasonably necessary for the attainment of the object sought to be accomplished, and not unduly oppressive upon individuals, Cardinal said. In short, there was a concurrence of a lawful subject and lawful method, he added.

Bayatan said the court ruled that the implementation of City Ordinance No. 187 is a valid exercise of police power of the State and /or the regulatory power of the city government and that they have never violated the constitutional rights of the bus operators.

C.O. 1790 only establishes a waiting station while C.O. 187  establishes a south terminal, and both ordinances are complementary to each other, he said.

POLICE POWER

Bayatan said they are glad that the court issued a very accurate interpretation of the law, and appreciated the police power of the mayor.

It is clear in the decision that the mayor has the prerogative to exercise police power, especially when it involves the welfare of the people, he said.

Bayatan also said the court also took cognizance of the fact that the population of Bacolod is increasing and that other people from other towns and cities also come to the city and that makes the it crowded, especially in the Libertad area.*CGS

 

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