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City Legal Office warned Jaraula against implementing his order

May 28, 2008

puj_tagoloan_misamis_oriental

FULL IMPLEMENTATION. The City Legal Office had actually earlier told Cagayan de Oro City Mayor Constantino Jaraula not to implement his new traffic scheme but the warning from City Hall’s lawyer fell on deaf ears. Above is the photo of a Tagoloan PUJ liner sporting the mandated placard and picking up passengers at a terminal in Ororama MegaCenter, Lapasan. (Story by: By Lizanilla J. Amarga)

The City Legal Office had early issued a warning against Cagayan de Oro City Mayor Constantino Jaraula’s enforcement of his new executive order saying it violates the conditions set forth in the Deed of Donation issued by donor businessman James Giam for the establishment of the Eastbound Public Utility Jeepney (PUJ) Terminal at Barangay Gusa this city.

Atty. Mart Damian Maandig, the officer-in-charge for the City Legal Office, said the conditions in Giam’s donation has been duly accepted under City Ordinance 8431-2002 and “such conditions are considered contractual obligations which must be complied with in good faith.”

He said Jaraula’s Executive Order CGJ2008-39 allowing PUJs from the east to enter the city limits and even establish terminals at Limketkai and Ororama MegaCenter violates the conditions of the donation and thus, “ipso-facto” or by operation of law, the property reverts to Giam.

The legal officer also made a similar declaration to the corresponding memorandum of agreement (MOA) for the establishment of these terminals.

“Hence, any violation would ipso-facto results in the reversion of the ownership of the property so donated in favor the donor,” reads his two-page second endorsement letter to Jaraula dated May 14, 2008.

Already, there were two MOAs signed between Eastbound and Westbound Terminal and Public Market (EWTPM) head Security Officer V Frederico Gempesaw representing the City Government, the PUJ operators and jeepney associations and Ororama MegaCenter represented by its owner/operator See Hong.

Solely and exclusively

But despite this warning, Jaraula still proceeded to implement his Executive Order No. 2008-CGJ-39 last May 16, 2008. Because of this, Giam already wrote a letter to Jaraula expressing his anger on this latest development.

Giam is now accusing City Hall of “duping him into donating his property” duly to be used as security for a P1 billion loan incurred during the Administration of City Mayor Vicente Emano. This particularly as even during the administration of Emano, some eastbound PUJs were already allowed to enter the city limits.

Maanding said Ordinance 8431-2002 that accepted the donation also accepted Giam’s condition that his donated property be used “solely and exclusively for Terminal for East Bound PUJs.”

Also, he quoted Resolution No. 4184-99 of the City Government whereby Emano’s administration states that it is “imperative” that the Eastbound PUJ Terminal be put up at Barangay Gusa.

This move would “contribute to the decongestion of traffic at the Lapasan area” and creates economic progress in Gusa” thereby “promote the development of pocket urban centers from the poblacion.”

Repugnant and repulsive

Maandig quoted the resolution saying “the lot donation of Mr. Giam is very advantageous to the City financially” this particularly “in the light of lack of public and private lands in area that can be used for the purpose.”

He said it must be noted that the donation made by Giam in favor of the City is a “conditional donation” as defined under Article 726 of the New Civil Code that “as those where the donor imposes upon a donee a burden or charge which is less than the value of the thing given.”

“This being the case, such conditions are considered contractual obligations which must be complied with in good-faith, hence, any violation thereof ipso-facto results in the reversion of the ownership of the property so donated in favor of the donor.”

Maandig said Jaraula’s EO is also “repugnant” and “repulsive” to the Equal Protection Clause of the Constitution which “demands equality of treatment among equals as regards rights granted and responsibilities imposed.”

He said this “means that all Eastbound PUJs must be allowed to drop and pick-up passengers at the designation area and not just those Tagoloan and Sta. Ana PUJ liners or none at all.”

“Wherefore, premises foregoing, this office is of the opinion that EO 2008-CGJ-39 in relation to the proposed MOA between the EWTP management committee is intrinsically infirmed and defective for being discriminatory in character in clear violation of the Equal Protection Clause of the Constitution and Ultra-Vires for being contrary to the aforementioned legislations,” Maandig said.

Written by admin · Filed Under Cagayan de Oro 

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