Closure of Muelle del Rio has legal implications — Lawyers

The closure of the Muelle del Rio street in Intramuros, Manila is illegal.

This was what lawyers told The STAR in an interview regarding the conversion of the street to Muelle del Rio Linear Park.

The Muelle del Rio street, they said is a public domain and could not be converted into a public park without supporting ordinance approved by the Manila City Council.

"Unless an ordinance is passed, it’s considered an illegal act," a lawyer said.

Another lawyer explained that "public domain is beyond the commerce of men," meaning it cannot be appropriated for other use by the government without due process. "Due process applies to both local and national government projects."

When The STAR checked with the Manila City Council, a councilor who requested anonymity said that they knew nothing about the conversion of the Muelle del Rio street into a park.

Motorists have been clamoring for the reopening of the Muelle del Rio street to vehicular traffic to cut down their travel time.

Traffic along the southbound lane to South Pier from Quiapo has become a problem for motorists and commuters alike as travel time reportedly increased by more than five times as a result of the closure.

"We as taxpayers and voters are badly affected by the closure of the street. It’s a bad decision that should be reconsidered," said a motorist.

Two major transport groups — the Federation of the Jeepney Operators and Drivers Association of the Philippines (FEJODAP) and Pinag-isang Samahan ng Tsuper at Operators Nationwide (PISTON) — earlier called on Manila Mayor Lito Atienza to open Muelle del Rio street to ease traffic congestion.

Atienza’s spokesperson Armand Sebastian earlier said the Mayor directed Supt. Gil de Castro, chief of the Western Police District-Traffic Enforcement Group, to manage traffic properly to prevent build up of vehicles brought about by the closure of a vital artery in the city’s road network.

Sebastian said the key solution to the problem is effective traffic management because the volume of vehicles is not a problem if vehicles are moving. He noted that traffic enforcers should implement traffic rules and regulations strictly at all times, especially in front of Manila City Hall.

De Castro, however, said that the public should not complain of the traffic congestion. "Eh di maglakad na lang sila. Yung may mga kotse, puwedeng mag-park muna tapos maglakad na lang (They should walk instead. Those who have cars, they can park first then walk)," he said when asked by The STAR on what he could advice people caught up in the traffic mess.

Questions are now being raised about road closures being done by the city government of Manila because of its adverse impact on traffic.

Sources from the Metro Manila Development Authority (MMDA) agreed that the road closures may not have been well thought out by the city government as evidenced by the worsening traffic situation in the affected areas.

They cited the partial closure of the Rizal Avenue from Recto to Sta. Ana, which has also caused major gridlocks in the area.

For his part, MMDA Chairman Bayani Fernando said that there should be alternative routes available for motorists whenever a road is closed.

"However, I’m giving the mayor the benefit of the doubt that he has considered alternatives so as not to aggravate the already problematic situation," Fernando said.