CBRT work stoppage order: Just the stations, not the whole project — Gwen

CEBU, Philippines — Cebu Governor Gwendolyn Garcia reiterated that her memorandum on the Cebu Bus Rapid Transit (CBRT) is only for the project to cease and desist from continuing the construction of the bus stations on the province-owned lots along Osmeña Boulevard in Cebu City.

“Klaruhon ta ni ha, sabta palihug. Wa gyoy nag-ingon undanga ang BRT. Ang akong giingon, ang bus stations,” said the governor in a press conference the other day.

Together with her legal team, the governor bared the land titles which attested that the Province of Cebu is the owner of properties not only within the Capitol compound but also down Osmeña Boulevard, on which two BRT stations were supposed to be built, and the roads around Fuente Osmeña Circle.

On February 27, Garcia issued Memorandum No. 16-2024 ordering that the CBRT contractors and project implementers to immediately cease and desist from further construction works of bus stations along Osmeña Blvd in Cebu City, specifically that at the front of the Capitol building.

The Capitol found out that the project lacks necessary authorization from the National Historical Commission of the Philippines (NHCP) for construction within the buffer zones of the Capitol building and Fuente Osmeña rotunda, both considered potential heritage zones.

The Capitol, designated a National Historical Landmark by the NHCP in 2008, requires NHCP approval for any construction within its buffer zones.

Because of the governor’s order, Cebu City Mayor Michael Rama sought her suspension before the Office of the President.

In his complaint, Rama asked the President to initiate a thorough and impartial investigation on Garcia in relation to the complaints he filed.

“If warranted, preventively suspend Governor Garcia to prevent the usage of her office to influence witnesses or to frustrate her prosecution or to continue committing such malfeasance and/or misconduct in office,” ead part of Rama’s complaint.

Rama argued that the CBRT is a national infrastructure project and Garcia, therefore, neither has any legal authority to issue a restraining order nor an injunctive authority over CBRT.

“Kon mao na ilang design, wa moy permiso namo, kami tag-iya ana nga yuta, wala gani mo nikonsulta sa NCCA (National Commission for Culture and the Arts), wala moy authorization, mounsa man ko? Di lang ko, tingali unya’g i-bash ko? Karon pa, dili ko mokuha’g preemptive action?” she told the press conference.

“Dili ko mo-exercise sa akong otoridad ug responsibilidad nga atong panalipdan ang Kapitolyo ug nga ato usab klarohon nga wala bay balaod nga inyong gilapas?” she added, as posted over Sugbo News , the official Facebook page of the Provincial Government.

Under Republic Act (RA) 11961, or the Cultural Mapping and Heritage Education Act of 2022, the Capitol is protected as a Grade I Level Heritage Property, while Osmeña Blvd and Fuente Osmeña Rotunda are presumed to be “important cultural properties” by virtue of RA 10066 or the National Heritage Act of 2009.

As Grade I Level Property, the Capitol enjoys highest priority of protection as stipulated in Sec. 7(e) of RA 11961 which mandates that government projects that may potentially affect its integrity, such as the BRT bus stations, must consult with the NCCA at the planning stages — something which the BRT implementers failed to do.

Legal Consultant Rory Jon Sepulveda said the governor’s move is based on her being a steward of Capitol properties as well as her sworn duty to uphold all laws, legal orders, and decrees of the country.

“That’s basically the first angle of that order of the governor’s order to stop. That’s our property, you have to stop. Why? Not only are you using our property without our clear consent, you’re using our property to deface a cultural heritage site which is the Provincial Capitol,” he said.

EXPERTS: TRANSFER PROJECT MANAGEMENT TO CEBU CITY

Meanwhile, mass transport experts and consultants appeared before the Cebu City Council in an executive session to deliver their assessment on the current state and viability of the CBRT and recommended that its project management must be transferred to Cebu City.

Yesterday (Wednesday) an executive session was conducted where two mass transport experts were invited to appear and present their recommendations for the CBRT.

This is after City Councilor James Anthony Cuenco sponsored a resolution inviting concerned agencies to apprise the city council on the development and status of the BRT project.

Engineer Rene Santiago, who is a known expert in urban planning. In particular, he said the Department of Transportation (DOTr) should have a “competent project team” to manage the project.

“But that would be a poor probability of happening…. Based on the record for the past ten years, you (DOTr) have not shown a competent project team,” he said.

When asked what could be the biggest mishap of CBRT, Santiago said, “The project management of DOTr”.

“I told the World Bank in 2014, I said your BRT will fail. They said why?  50 percente of the issue is your DOTr is the one implementing, the other 50 percent is the technical part,” he said.

Santiago said the success of the CBRT lies in a "competent" project management team.

"Let it be done by the city, by Cebu City. You are the proponent of it. Do it yourself," he said.

Engineer Nigel Paul Villarete, an urban planner and mass transport expert, who started the first letter request for the construction of the CBRT in 2008 as Cebu City Planning and Development Officer, during his time said that "everything went wrong".

He, however, said that he still supports the BRT project as a mode of mass transportation.

"So many things that have went wrong, so many things that have gone astray and it's very difficult for me to look back and say what's that thing that is the (hardest) the most? It is commulative. It's so hard to correct now," he said.

"But it is still a good project, let's hope for this first line, I am also hoping for the Bulacao to Ayala (portion)," he added. — /RHM (FREEMAN)