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BY GLENDA SOLOGASTOA
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ILOILO City – Contrary to a court judgment, Regulation Ordinance 2014-049 was never intended to favor the Ceres bus terminal in Barangay Camalig, Jaro district, the city government stressed.
City Administrator Hernando Galvez said the ordinance was “an invitation” to everyone that they may put up a terminal in barangays Camalig and Buhang, also in Jaro.
“At the time of its (Ordinance 2014-049) enactment, Vallacar (Transit, Inc.) has already been granted authority to establish a terminal,” said Galvez, former city legal officer.
Galvez was referring to the franchise ordinance (2014-015) for the Ceres bus terminal. The Sangguniang Panlungsod approved it on Jan. 7, 2014 — a week before Regulation Ordinance 2014-049 was approved.
Vallacar Transit, Inc. operates the Ceres line of buses.
Regulation Ordinance 2014-049 amended Regulation Ordinance 2013-3444 (Perimeter Boundary Ordinance, passed on Aug. 27, 2013) to include Camalig and Buhang in the barangays where transport terminals may be put up.
Judge Victorino Oliveros Maniba Jr. of the Regional Trial Court (RTC) Branch 39 declared Regulation Ordinance 2014-049 “null and void.” The City Legal Office received the Sept. 26 decision only yesterday.
That the franchise ordinance was approved a week before Regulation Ordinance 2013-3444 was amended bolstered the argument that the ordinance in question favored Vallacar, the court ruled.
Councilor Plaridel Nava, author of the franchise ordinance, also refuted the court ruling.
“That is actually based on conjecture and speculation,” Nava said. “Indi to exclusive sa Vallacar. Any interested individual or company can put up a terminal there (in Camalig and Buhang).”
Nava blamed the City Legal Office for not making him a witness in the case. “The court could have been enlightened,” he stressed.
Contrary to what the court claimed a “procedural lapse,” a public hearing was held in a hotel at Smallville Complex in Mandurriao before Regulation Ordinance 2014-049 was passed, said Nava, the transportation committee chairman at the time.
He is confident the court ruling will not affect the Ceres bus terminal operation. Vallacar is not a party to the case, he said. “Insofar as [the] Branch 39 [decision], it doesn’t acquire jurisdiction over Vallacar.”
Galvez claimed the decision was not final and executory.
“We are certain that, under existing rules, it is not,” he said. “There is nothing nga matabo as of this time. Right now everything will be in its normal course.”
Galvez said the city government was still discussing with the City Legal Office what legal remedies to adopt. They have until Dec. 3 to decide, he said.
“We would highlight the fact that insofar as the terminal is concerned, there is a judgment in another court sustaining the validity of the franchise,” said Galvez.
The city government believes Regulation Ordinance 2014-015 can stand on its own even without Regulation Ordinance 2014-049 since the latter already implicitly amended 2013-3444, claimed Galvez.
The legality of the existence of Regulation Ordinance 2014-015 is “beyond dispute,” he stressed.
“(Ordinance) 2014-015 is already there at the time nga gin-adopt ang 2014-049. It is specifically in favor of Ceres,” said Galvez. “But 2014-049 makes it clear that any other party may put up a terminal in areas [specified therein]. It is erroneous to say that 2014-049 is in favor of Vallacar.”
Under Regulation Ordinance 2013-3444, only barangays Tagbak, Balantang and Buntatala in Jaro were allowed to host transport terminals for vehicles from northern Iloilo. But it has been amended to include Camalig and Buhang./PN
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