Ban vs. Mandaue jeepneys to go on

The Cebu City government yesterday said it will continue with the implementation of City Ordinance 1837, which shortens the routes of Cebu City-bound PUJs from Mandaue City despite a memorandum from the Land Transportation Franchising and Regulatory Board.

Mayor Tomas Osmeña and Vice Mayor Michael Rama yesterday said that the city will continue to ban jeepneys from Mandaue City from plying the major streets of the city.

Rama, chairman of the city council, said that they decided to leave the matter to the City Traffic Operations Management for enforcement.

"The CITOM has decided to continuously enforce the ordinance by restricting them to enter the city. Those who are not obeying are charged," he said yesterday, adding that if the drivers feel aggrieved, they can file a case in court.

Last August 31, LTFRB chairwoman Ma. Elena Bautista issued a memorandum stating the opinion of the board on the conflict between Cebu City government and the Mandaue City jeepney drivers.

Citing Supreme Court cases and resolutions, the board said "cities and municipalities have power to regulate motor traffic in the streets subject to its control through the enactment of ordinance."

But LTFRB added that these ordinances should not be in conflict with any national law. Being the sole agency that is empowered to prescribe, regulate or modify routes of service for public utility vehicles, it added that local ordinances are inferior in status to the power of the board that is conferred by a law.

But Rama said CITOM will continue implementing CO 1837 and they will only amend it if there is a resolution filed asking the council to amend such.

Also yesterday, Osmeña said that despite the memorandum of LTFRB Manila, the city government will find a way to ban vehicles from outside the city to enter.

If the CITOM cannot impound the violating PUJs, he said he will ask the city council to amend CO1837 to give the traffic body the authority to do so.

Earlier, CITOM executive officer Arnel Tancinco said they cannot impound drivers found violating the ordinance because they cannot issue a temporary operator's permit to the erring drivers. They are only allowed to issue citation tickets for the violators.

The traffic body has already asked the LTFRB to allow them to issue Temporary Operators Permits but the board said TOPs should not be issued to drivers who violate the city ordinance. - Wenna A. Berondo

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