This is with regard to the column “Straws in the Wind” of Mr. Eladio C. Dioko which came out April 2, 2009 in your prestigious newspaper, entitled “An Accident Waiting to Happen,” lamenting on the gruesome road accident which happened in Naga City sometime last week.
While the Cebu Provincial Government agrees with Mr. Dioko in his observation that steps should be taken to prevent similar accidents to happen in the future, it takes exception and hereby manifests its vehement objection to his comment that the Cebu Provincial Government should also be blamed for said accident for not having its own traffic enforcers, like the City of Cebu and its neighboring cities and municipalities, to control the flow of traffic in its highways.
Said comment of Mr. Dioko is not only unfair but it also betrays his apparent lack of understanding on how local government units work and operate, pursuant to their powers, duties and responsibilities, as provided under the Local Government Code.
We wish to inform Mr. Dioko and point out that the power to regulate traffic and bridges belong to the cities and municipalities, as provided under the Local Government Code, particularly, Section 447(a)(5)(v and vi) for municipalities and Section 458(a)(5)(v and vi) for cities.
As such, the Cebu Provincial Government is not in the position to have its own traffic enforcers. Doing so would be illegally arrogating unto itself the power which lawfully belongs to other local government units. That it would not do.
It being such, it is suggested that Mr. Dioko should be more resourceful next time to avoid giving any wrong impression to the reading public.
(Sgd.) Marino E. Martinquilla
OIC, Cebu Provincial Legal Office