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[av_heading heading=’SP bucks move to legitimize Jaro road closure’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY CAROLYN JANE ABELLO
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January 17, 2018
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ILOILO City – No member of the Sangguniang Panlungsod (SP) supported the proposed ordinance that would have shored up Mayor Jose Espinosa III’s executive order closing half of Plaza Rizal Street in Jaro district for vendors.
Failing to get the backing of his colleagues, Councilor Eduardo Peñaredondo was forced yesterday to withdraw his proposed ordinance “authorizing the temporary / partial closure of Jaro Plaza covering Rizal Street fronting the Jaro Cathedral and extending up to the corner of Lopez Jaena Street from Jan. 13, 2018 to Feb. 8, 2018.”
Espinosa issued his executive order on Plaza Rizal Street’s closure on Jan. 8. The closure resulted to traffic congestion that angered the inconvenienced public.
Councilor Plaridel Nava said the executive order was legally infirm.
“If the mayor believes his executive order has legal basis, what’s the need for passing an ordinance for the road closure,” said Nava.
If anything, he said, Peñaredondo’s proposed ordinance was an afterthought to further bolster the mayor’s insistence that his executive order was legal.
According to Peñaredondo, he wanted to “strengthen the legal stand of the mayor….(under) the Local Government Code…the mayor has the authority to close roads, of course temporar(ily).”
City Administrator Hernando Galvez said the road closure has legal basis and cited the Local Government Code (Republic Act 7160).
Section 21 (c) of the Code reads: “Any national or local road, alley, park, or square may be temporarily closed during an actual emergency, or fiesta celebrations, public rallies, agricultural or industrial fairs, or an undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order: Provided, however, That no national or local road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the local government unit concerned.”
Espinosa’s executive order allowed vendors to erect kiosks on two lanes of the four-lane Plaza Rizal Street as part of the 2018 Jaro Agro-Industrial and Charity Fair that wound run from Jan. 8 to Feb. 8. The Jaro fiesta is on Feb. 2.
“Wala gid sang basis…kag dako ini nga inconvenience sa aton nga publiko. Ilegal gid ‘ya bangud ang purpose sang pagpasira is para magbaligya sang commodities,” said Nava.
Councilor Joshua Alim, on the other hand, cited Department Order (DO) No. 73, series of 2014 issued by the Department of Public Works and Highways on “prohibited uses within the right-of-way of national roads.”
The DO highlighted Section 23 of Presidential Decree 17 (Revised Philippine Highway Act) that declared it unlawful for any person to convert any part of a public highway, bridge, wharf or trail for his own private use or to obstruct the same in any manner.
The DO ordered the removal of “all obstructions and prohibited uses” along national roads and these included “all kinds of temporary and permanent structures such as buildings, shanties, houses, stores, shops, stalls, sheds, canopies, billboards, signages, advertisements, fences, walls, railings, basketball courts, barangay halls, garbage receptacles,” etc.
“The law is clear. It must be implemented,” according to Alim.
Meanwhile, Councilor R Leone Gerochi appeared keen on finding a way out for Espinosa. He called for a meeting with the mayor and Jaro district barangay captains whom the executive order authorized to manage the 2018 Jaro Agro-Industrial and Charity Fair.
“Hambalan ta kon ano lang ang puede pahanugotan sa plaza kada piyesta,” said Gerochi.
The other day, Espinosa said the road closure was a “concession” to vendors he prohibited from doing business inside Jaro Plaza.
“As a mayor, give and take ka man. Indi ta sila pag pasudlon sa plaza mu. (Their doing business on Rizal Street is) concession ta ‘na sa ila,” said Espinosa./PN
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