Court affirms measure on Mandaue PUJ ban

Mandaue City-based passenger jeepneys passing by Osmeña Boulevard will have something to worry about.

This after a court upheld a Cebu City ordinance regulating the unloading and loading of passengers in designated terminals.

Judge Ramon Daomilas Jr. of the Regional Trial Court Branch 11 upheld the Cebu City government’s position limiting the entry of Mandaue and Talisay City passenger jeepneys in designated areas.

The court dismissed a petition by transport group Alyansa sa Nagkahiusang Driver Operator Alang sa Reporma (Andar) questioning the ordinance.

Among those to be affected by the court ruling are the 21-B and 22-B route jeepneys.

They are barred from entering Cebu City’s downtown area.

While their franchises allowed them entry to downtown Cebu City, the judge said they are subject to the policies of local government units.

“The right given in a franchise is not usually given to all since it is a special privilege. It can be considered a contract. But this type of contract is subjct to a valid exercise of police power,” Daomilas said in his ruling.

The judge affirmed the argument of the Cebu City Traffic Operations Management (CITOM) that indiscriminate loading and unloading of passengers had contributed to traffic congestion in Cebu City’s downtown area.

“This requires immediate, decisive, coordinated and cooperative action among the city authorities, the drivers and the community,” he said.

Citom board chairman Sylvan Jakosalem said barring jeepneys outside Cebu City has been effective.

But Jakosalem admitted that commuters will definitely be affected because they have to take two jeepney rides in reaching downtown Cebu City.

He said city-based jeepney drivers saw an increase in come due to the ordinance.

Under the ordinance, jeepney drivers from northern Cebu City will only be allowed to pass until White Gold Terminal, SM, or Ayala Terminal. Jeepneys from the south will be up to CityLink Terminal.

“These jeepney terminals are just like airports,” Jakosalem said.

He said some jeepney operators had to seal their units or change their routes.

He said they will incorporate all ordinances into a Cebu City Public Transportation Ordinance.

Citom chief Rafael Yap said the court ruling validates City Ordinance  1837.

He said the ruling won’t apply to passenger jeepneys plying routes from Mandaue City to Manalili in  Cebu City.

Citom allowed these jeepneys to continue plying their route on the condition that drivers don’t use a road beside Patriah de Cebu as terminal.

Romeo Armamento, Andar president, they have yet to receive a copy of the court ruling.

But he said this will affect the income of their drivers and operators.

During a court hearing, Armamento admitted that a provision in their franchise stated that they have to follow municipal or city ordinances.

Jeepney driver Loreto Mendoza, who drives a 21-D route jeepney, said he earns P200 to P300 a day or about half of what he used to earn when the ordinance wasn’t implemented.

“Life has been very difficult for Mandaue jeepney drivers. We are saving our expenses at home. We don’t even have a decent food for our family,” he said. With a report from Chief of Reporters Doris C. Bongcac