The Regional Trial Court is expected to resolve the motion to dismiss filed by the Bacolod City Government against the four southbound operators and owner of the waiting station in Libertad, Bacolod City in the next hearing to be scheduled by the court, Bacolod City Legal Officer Joselito Bayatan said yesterday.

The petition was filed by Nenita Peters, Rizalina Alon, Noel Moncay, Jovito Gahataon and Lizron Enterprises 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.

Regional Trial Court Judge Manuel Cardinal Jr. of Branch 49 had earlier denied the 20-day temporary restraining order sought by the petitioners to prevent the city from requiring them to use the Sambok south terminal in Lopez Jaena and from closing the waiting station in Libertad.

Filomeno Tan said City Ordinance 187 and Memorandum Circular 114 are unconstitutional citing that it is an invalid exercise of police power by the city government. It is undue deprivation of private property without due process and a violation of the Constitutional prohibition against monopoly as in the Lucena case where the Supreme Court struck down the ordinance, he said.

Tan said that under the Ordinance all southbound vehicles are compelled to use the Samboc terminal and other terminals were ordered closed which is considered deprivation of property.

He said the city closed the waiting station which is privately owned and wants them to transfer to Samboc terminal which is also a private terminal not owned by the city. Favoring one party over the other is a violation of the equal protection of the law, he added.

Bayatan said they did not prove that C.O. 187 is invalid. Its purpose is to decongest traffic so it is a valid exercise of police powers, he said.

In their motion to dismiss, Bayatan said they cited the validity of the ordinance and the issuance of Memorandum Order 114 because in 1969, the population was just a few thousands in Bacolod including the population in southern Negros that have access to Libertad.

Now, the population of Bacolod and its neighboring towns and cities is in millions, he said.

Bayatan said if the old waiting station established in 1960 is not decongested, traffic will hardly move in Libertad.*CGS

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