Council dismisses NADSU request for restoration of Mandaue-Cebu routes

The City Council committee on traffic management has turned down the request of the Nagkahiusang Drayber sa Sugbo (NADSU) for the restoration of the closed Mandaue City-Cebu City routes and the release of public utility jeepney that were impounded by Cebu City Traffic Operations Management.

"It is the recommendation of this office to deny the request of NADSU-Piston for lack of basis," according to committee chairman Raul Alcoseba in his one-page report submitted to the council.

Alcoseba said the "city ordinance remains valid and enforceable unless declared otherwise by the court."

NADSU requested the Cebu City government to implement back the 21-B and 22-B routes that traverse Jones Avenue from Mandaue City, and to release the 70 PUJs that CITOM impounded due to violations of a traffic ordinance.

The city government has imposed City Ordinance 1837 that mandates PUJs from outside Cebu City to load and unload passengers only at designated terminals.

"It is wise and prudent, and out of judicial courtesy to await judgment by the courts, and desist from further commenting on the issue involving City Ordinance 1837, as the same constitutes sub-judicial. And for any individual or group to refrain from the commission of the prohibited acts imposed under the said Ordinance," Alcoseba pointed out.

To recall, NADSU and PUJ operators earlier filed a case before the court to nullify the ordinance.

On February 12, 2001, Judge Agapito Hontanosas Jr. dismissed the petition and upheld the legality of City Ordinance 1837. CITOM legal officer Rico Abellanosa said Hontanosas' ruling became final since the transport group did not file an appeal.

Abellanosa added that five years after the termination of the case, the transport group re-filed the same petition but was again denied by the court.

With regards to NADSU's effort for the release of the impounded PUJs, Abellanosa said the motion for reconsideration filed by the city is still pending before the court.

He stressed that NADSU speaks of the "rule of law" but "they themselves encourage the defiance and disobedience to the provision of the ordinance."

Mayor Tomas Osmeña instructed CITOM to fully implement City Ordinance 2072, which authorizes the body to impound upon third offense the PUJs from outside the city that load or unload passengers outside the terminals at SM City and Ayala Center.

The drivers proposed a compromise and asked that CITOM designate the last digit of the plate number of a jeepney that can enter the city on certain days, but the mayor rejected this. - Garry B. Lao/LPM