Court junks TRO transport groups filed vs City Hall

CEBU, Philippines - The court denied the temporary restraining order sought by the Cebu South Transport Operators and Drivers Association (Cestoda) against the Cebu City Government which wants to stop them from entering F. Llamas and Sabellano streets.

Judge Douglas Marigomen of Regional Trial Court Branch 5 in an open court denied the TRO, citing that the City Government has the power to create ordinances.

Lawyer Wilfredo dela Gente of the Cestoda said that although the court denied their TRO, they will make sure to secure the injunction. He said they have to meet with the Cestoda for their next move after the court’s denial of their TRO.

Eric Eminido, spokesperson for Cestoda, said the City Ordinance 1663 prohibits jeepney drivers plying route number 43D from entering F. Llamas and Sabellano streets violates their franchise route.

He said it’s not only the drivers and the operators that will be affected by the said ordinance but the commuters as well. He added that the City Government cannot claim that traffic is the reason for the passage of the said ordinance because there is no traffic in F. Llamas and Sabellano streets.

Earlier, Cestoda filed a civil case for injunction with application for the issuance of TRO against Cebu City Mayor Michael Rama and Rafael Yap, chief of City Traffic Operations Management.

The 43D jeepneys are plying the route of Minglanilla-Basak via Mohon-Sabellano and F. Llamas streets and vice versa.

Cestoda stated that the defendants cannot use the said ordinance considering they had complied with the requirements mandated by the local ordinance.

“The requirements mandated by local ordinance allowing PUJs to ply in the city’s major streets, the public utility vehicles should have a gross weight of more than 1,800 kilograms and a seating capacity of 18 passengers,” they said.

They added the acts of the defendants in implementing the ordinance was a “wrongful interference” of their livelihood.

The petitioners added that with the enforcement of the ordinance, they were forced to commit trip-cutting. — (FREEMAN)