Gako inhibits from case between operators, Cebu City

Regional Trial Court judge Ireneo Lee Gako Jr, who is set to retire on September 20, has inhibited himself from the pending civil case that jeepney operators of Mandaue City had filed against Cebu City traffic officials.

Judge Gako yielded to the Cebu City attorney's office request for his inhibition from the case involving the jeepney operators' insistence to enter Cebu City streets despite the implementation of City Ordinance 1837 that limits their entry to designated terminals in the city only.

In granting the request of City Hall lawyers Jerome Castillo and Eleodoro Diaz, Judge Gako said he is retiring from the bench on September 20, and it would be better for another judge to handle the case.

This latest development prompted RTC executive judge Simeon Dumdum Jr. to order for a re-raffle of the case so it would be assigned to another judge for the early resolution of the case.

The Cebu City government, through its lawyers, recently filed at the Supreme Court an administrative case against Judge Gako for his alleged bias rulings, but with Gako's slated retirement from service, such might be deemed moot and academic already.

City Ordinance 1837 requires all public utility vehicles operating outside Cebu City to load and unload passengers only at designated jeepney and V-Hire terminals.

The case, which has been pending under Judge Gako's branch, was filed by the Mandaue jeepney operators group-led by Elvira Cutamora-after enforcers of the City Traffic Operations and Management apprehended and impounded their PUJs for failure to settle their huge pending traffic violations.

The Mandaue PUJ group insisted that City Ordinance 1837 is unconstitutional because it contradicts with the franchise that the Land Transportation Franchising and Regulatory Board had issued to them.

But city's traffic officials said they have the power to regulate public utility vehicles entering the city streets.

The city lawyers were happy of the decision of Gako, who they believed has lost the impartiality required of every judge in handling the case involving the enforcement of an ordinance banning PUJs, with routes outside the city, from plying the city streets.

The lawyers recalled that Gako previously handled similar cases, but had inhibited after issuing injunctive writs to at least three cases involving the implementation of the controversial ordinance.

Whoever would replace Judge Gako would take up the petition for a preliminary mandatory injunction and temporary restraining order to stop Citom enforcers from implementing the questioned ordinance, and to demand for P900,000 in damages. - Rene U. Borromeo/RAE