Sipalay, in an interview with The FREEMAN, said that Peras' order for the reopening of the Cebu City South Coastal Road did not divest the city government of its authority to maintain peace and order in the area.
About 100 kilos of electrical wires had been stolen from SRP since the reopening of the road last month. Constant thievery at the SRP has been the prime reason why Osmeña opted to close the road on April 8.
The closure of the road, which traverses the SRP, prompted Sipalay to file a case against the city government for allegedly affecting his daily works.
Then on October 18, Peras ordered for the reopening of the road to traffic from 5:00 a.m. to 7:00 p.m. Peras' order however did not require Sipalay to post a bond upon the reopening of the road.
But the order has confused Osmeña as to who will be liable for any damage to the SRP as a result of the road's opening.
Sipalay however explained that the thievery at the SRP only happened during dawn.
"You cannot close the road just because there are series of thievery in the area. Take for example the Diosdado Macapagal Highway in Manila, which has several posts that were stolen. But was the highway being closed? No," Sipalay said.
Sipalay added that Peras' order was only temporary and can still be lifted if the respondents can convince the court that the road should be closed again.
The court has scheduled for November 17 and 24 the hearings of the case filed by Sipalay against Osmeña, SRP manager Paul Villarete and city administrator Francisco Fernandez.
Sipalay said the respondents can still present their evidence despite Peras' order and that it is up to the court to decide whether or not the order will become permanent. - Mitchelle P. Calipayan