City government sued for 'illegal' ordinance

A group of public utility jeepney drivers and operators has filed a civil case against the Cebu City government for the implementation of what it claims an "unconstitutional" and "illegal" ordinance.

In a petition, the Alyansa sa Nagkahiusang Driver-Operator Alang sa Reporma sought for the nullification of Ordinance No. 1837.

The City Coucil had passed Resolution No. 00-4888, known as Ordinance No. 1837, requiring southbound and northbound PUJs and vehicles-for hire to load and unload passengers at the city-designated terminals.

The respondents of the case are Mayor Tomas Osmeña, Cebu City Traffic Operations Management, CITOM executive director Arnel Tancinco, and Solicitor General Alfredo Benipayo.

ANDAR alleged that the ordinance is "unconstitutional, illegal, ultra vires, vague and overbroad" as it contradicts with the franchise issued by the Land Transportation and Franchising Regulatory Board.

Under the LTFRB-issued franchises, specific routes are indicated.

The group cited that because of the ordinance, jeepneys plying the Tabunok-SM via Colon and vice versa, Tabunok-Cebu City via N. Bacalso L. Kilat-Sanciangko, and Tabunok-SM via Colon were banned from entering Colon Street.

"That finding the ordinance unreasonable, some drivers insisted on their respective routes as indicated in their franchises, however, the respondents pursued its implementation and imposed heavy fines on so many drivers-operators," the petition read.

The group contended that commuters are also affected by the ordinance because they have to take more rides that wound mean additional expenses.

ANDAR maintained that the ordinance "should be declared null and void and without legal effect," as it "usurps the power of the LTFRB in fixing the routes of franchise holders."

Aside from seeking for P200,000 as damages, the group is also asking the court to issue a temporary restraining order against the ordinance. - Liv G. Campo