For ordinances vs. 21B jeepney: Case vs. City stays with Branch 58

CEBU, Philippines - The motion filed by the Kahugpungan sa Mandaue Jeepney Operators ug Draybers Association Inc. to have their case against Cebu City re-raffled was denied by the court.

Regional Trial Court Executive Judge Meinrado Paredes denied the motion for re-raffle of KAMJODA represented by Loreto Gerez Jr., Marciana Almanoche, Ricky Branzuela, Rachel Ebrada, Fritzie Ermac Zanoria, Armando Branzuela and Justino Mission.

The KAMJODA filed their motion after they learned that Judge Gabriel Ingles will no longer be the judge of the RTC Branch 58 after his application for the Court of Appeals was approved.

KAMJODA said they do not want to wait for another judge to resolve their case.

“All judges of the RTC in Cebu City agreed that no motion for re-raffle shall be entertained if the purpose is to transfer the case from a court without a judge to a court with a judge… Since this might open the floodgates of lawyers moving for the transfer of cases from a vacant branch to another,” Paredes’ order read.

Paredes said all matters pending before a vacant sala or branch should be handled by the pairing judge until a judge designate is appointed.

However, Paredes added the KAMJODA can file a motion for earlier setting addressed to the pairing judge.

The KAMJODA filed for a temporary restraining order and preliminary injunction against Cebu City, Mayor Michael Rama, the Cebu City Council and the Cebu Traffic Operations Management.

KAMJODA filed the case after Cebu City and CITOM implemented City Ordinances 1837, 1958, 2214 and 2072.

City Ordinance 1837 prohibits 21B jeepneys from loading and unloading passengers other than the designated terminals, while CO 1958 requires jeepney operators to pay registration fees for the use of a designated terminal.

City Ordinance 2214 prohibits 21B jeepneys from plying Jones Ave. and Colon St. while CO 2072 amended Section 4 of CO 1837, imposing a P300 storage fee per day for impounded jeepneys whose drivers are arrested for violating this ordinance. —(FREEMAN)