Transport case vs. City RTC: questions inclusion of national government

The Regional Trial Court has asked the Solicitor General to inform the court if the Cebu City government was authorized to file an answer to the move of a transportation group to include the Philippine government as a respondent in the injunction case against the city.

RTC Judge Ramon Daomilas Jr. said the Sol-Gen should clarify to what extent the authority it gave to the city government regarding the case that the Alyansa sa Nagkahiusang Drayber-Operators filed against Cebu City.

The court recently accepted ANDAR's amended petition-impleading the State into the case-and now the court wants to know if the city government would agree to have such authority, if ever.

The ANDAR petition was first leveled against the city government and the City Traffic Operations and Management.

ANDAR's petition sought for the annulment of City Ordinance 1837, which prohibits Cebu City-outbound public utility jeepneys and vans-for-hire from loading and unloading passengers outside their designated terminals.

ANDAR argued that the ordinance altered the routes, originally stipulated in the transport franchises granted to the PUJ and V-Hire operators that actually allow them to enter the city and load and unload in certain streets.

"That by clearly imposing this city ordinance, it undeniably alters the franchise contract of herein petitioner operators-drivers who would suffer setbacks in their incomes or take home pay and the public to incur more expenses and even creating troubles," ANDAR said.

The group also contended that the ordinance allegedly usurps the power of the Land Transportation Franchising and Regulatory Board in fixing the routes of franchise holders.

They cited Executive Order 202, which empowers LTFRB to fix, prescribe, and regulate the routes of service and issue, amend, revise, suspend or cancel Certificate of Public Convenience or permits. - Joeberth M. Ocao/RAE