Olongapo SubicBay BatangGapo Newscenter

Tuesday, February 05, 2008

Court stops San Fernando re-routing

CITY OF SAN FERNANDO -- A regional trial court (RTC) has granted the request of a bus firm for a Temporary Restraining Order (TRO) against a new traffic rule that prohibits public utility buses from loading or unloading passengers in other areas here except for the newly-opened City Central Transport Terminal (CCTT).

In an order penned by RTC Branch 47 Judge Edgar Chua, buses of the Victory Liner, Inc. that ferry passengers in this city found reprieve from being penalized each time they pick-up or drop passengers at their own bus terminal.

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Since the opening of the CCTT-albeit on a dry-run last month, PUBs can no longer load and unload passengers along the San Fernando stretch of Jose Abad Santos Avenue (Jasa), formerly GSO Road, except at the CCTT.

The CCTT is a joint undertaking of the City Government here and private real estate firm, Saint Catherine Realty Corporation. It houses all bus and jeepney terminals that are formerly located in various locations along Jasa.

Hoping that all passenger vehicles would pass through the terminal, purportedly for the safety and convenience of the riding public, a traffic re-routing scheme was implemented and traffic enforcers were mandated to flag down violators.

Victory Liner, one of the big bus liners plying the San Fernando route between Manila and Zambales, complained before the court that the City Government has prohibited it from using its "terminal" near the Dolores Flyover.

The case was docketed under Civil Case No. 13494, which prays for the issuance of the TRO or Writ of Preliminary Injunction against the City Government and its enforcers; and the St. Catherine Realty Corp.

In the order, Chua even prohibited the respondents, which include Mayor Oscar Rodriguez and the City Council from preventing the passenger buses of Victory Liner from loading and unloading its passengers at the "Victory Liner Bus Stop Terminal" and ordered the respondents not to issue traffic citation tickets against the bus firm's drivers that "utilized its bus stop terminal."
By Albert B. Lacanlale - Sun Star
City Administrator Ferdinand Caylao, however, was quizzical why the court kept on mentioning about the "Victory Liner bus terminal" when as per their records, the bus company does not have a terminal, where it could unload and load passengers, at its facility near the Dolores Flyover.

According to Caylao, zoning and barangay permits issued to Victory Liner were for the construction of a covered shed and not for a terminal.

In fact, in the affidavit of explanation to qualify for the compliance of zoning ordinance, Johnny Hernandez, president and general manager of Victory Liner, said for the installation of covered shed, the same "shall not be used for loading and/or unloading of passengers or any goods for loading in strict compliance with the zoning ordinance."

Hernandez's statement was explicitly written in paragraph 3 of the sworn affidavit signed on April 18, 2007.

A barangay clearance from Dolores secured by Hernandez on March 2, 2007 also mentioned only of a covered shed and not a terminal.

"We will file a motion for reconsideration over this matter and hope that it would be granted even before the TRO lapses in 20 days," Caylao said.

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