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Hon. Constantino G. Jaraula City Mayor

This City

Sir:

As donor (of the lot where the terminal of the East Bound Public Utility Jeepney is located) and tax payer, I am requesting your good office to reconsider your Executive Order NO. 39 dated May 5, 2008 allowing all East Bound Public Utility Jeepneys to proceed, park, drop and pick-up passengers at the terminals established at/by the respective management of Oro Rama Mega Center and Limketkai Commercial Center, all at Lapasan, this City, by just paying a so called “Privilege Entry Pass”.

Worthy to note, that in 1996, the City Government of Cagayan de Oro was looking for a private property somewhere in the eastern part of the city suitable for the construction of the Terminal of the East Bound Public Utility Jeepneys because during that time the East Bound Public Utility jeeps were having a terminal at the Agora Public Market, located at Lapasan, this city. The intention and purpose of the City in transferring the terminal of the East Bound· Public Utility Jeeps somewhere in Barangays Gusa or Cugman was to prevent the East Bound Public Utility Jeepneys from entering the city taking into consideration that the passengers dropped by the East Bound Public Utility Jeepneys at the terminal would be catered and serviced by jeepneys plying the route of Cugman and Gusa thereby decreasing the number of vehicles that would enter into the city, thus, helping in decongesting the traffic along the Lapasan area and the city in general.

Taking into consideration the noble purpose of solving the traffic problem along Lapasan area in particular, I responded to the need of the City by offering to donate my valuable lot at San Pedro, Gusa, to be the site for the East Bound Public Utility Jeepney Terminal. On February 1997, after knowing that the lot I offered is located in between the National highway and the newly constructed J.R. Borja Extension, my offer was immediately accepted by the City. A Deed of Donation was executed by me as Donor and duly accepted by the donee City Government of Cagayan de Oro pursuant to Ordinance No. 5813-97. Copy of the Deed of Donation is hereto attached and marked as marked as ANNEX “A” and forming an integral part hereof. Due to the change of the City’s administration in 1998, the construction of the East Bound Jeepney Terminal was delay~ so I wrote a letter to the City reminding the latter of its obligation under the contract (Deed of Donation) to construct and complete the terminal within two (2) years reckoned from the date of signing and further informed the city of my intention to revoke the deed of donation. However, the City Government of Cagayan de Oro through its City Council passed Resolution No. 4184-99 and manifested its intention to pursue the establishment and construction of the passenger terminal, to wit;

“RESOLUTION ~1ANIFESTING THE CITY’S INTENTION TO PURSUE THE ESTABLISHMENT AND CONSTRUCTION OF A PASSENGER TERMINAL IN BARANGAY GUSA PARTICULARLY AT THE LOT DONATED BY MR. JAMES GIAM COVERED UNDER ORDINANCE NO. 5813-97 AND FOR THIS PURPOSE REQUESTING THE HONORABLE CITY MAYOR TO NEGOTIATE WITII MR. GIAM FOR THE POSSIBLE EXTENSION OF TIIE PERIOD FOR WHICH THE CITY SHOULD UNDERTAKE THE SAID PROJECT AS PROVIDED FOR IN THE DEED OF DONATION COVERING THE SAID LOT.”

One of its preambuIar clause clearly states as follows:

“WHEREAS, the establishment of said terminal is imperative, as it would contribute to the decongestion of along the Lapasan area and economic progress in Gusa, thereby promote the development of pocket urban away from the poblacion ”

Copy of Resolution No. 4184-99 is hereto attached and marked as ANNEX “B” and forming an integral part hereof.

On the same date that the Resolution was passed, Hon. Michelle Tagarda, Acting City Mayor during that time, wrote a letter to the undersigned and earnestly requested me to give the city government sufficient and ample time to complete and become operational the East Bound Terminal invoking as reasons are the public interest, the general welfare and the people of Cagayan de Oro. Copy of the letter is hereto attached and marked as ANNEX “C” and forming an integral part hereof.

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In compliance to the request of the City Council., Mayor Vicente Y. Emano wrote a letter to the undersigned and requested me to extend the period for another One year within which to complete the construction of the terminal citing as reason that the City of Cagayan de Oro has much to gain from its operationalization. Once establish~ it will decongest traffic in Lapasan area as well as create pockets of development away from poblacion .. Copy of the letter is hereto attached and marked as ANNEX”D” and forming an integral part hereof.

Finding the request for extension meritorious, I extended the period to allow the City Government of Cagayan de Oro to complete the construction of East Bound PUJ Terminal and as a result the Deed of Donation was amended in 2002 and a new Ordinance No. 8431-2002 was also passed accepting again the donation. Copies of the Deed of Donation and ordinance No. 8431-99 are hereto attached and marked as ANNEXES “E” and “F” all forming an integral parts hereof.

After the Deed of Donation was amended, the City Government started the construction and spending a huge sum of money until the East Bound PUJ Terminal was completed and became operational wherein all East Bound PUJ’s were required to park at the terminal. The income from the operation of the terminal as shown from the record was high and the management was smooth. But for reasons known only to the public officials concerned, there were privileged East Bound Public Utility jeepneys that were allowed to establish illegal terminals in selected, influential, powerful and privileged big business establishments. But this was cut and abolished when the sitting City Mayor issued an Executive Order No. 33 dated October 5^th 2007 revoking all executive orders allowing selected PUJ’s and Aircon Vans to enter city proper and ordering all PUJ’s and Aircon vans to immediately resume operations as originally designated in the Eastbound or Westbound Terminals. One of the reasons invoked in the issuance of Executive Order No. 33 was to decongest traffic. However, on 5^th of May 2008 another Executive Order No.39 was passed allowing by this time ALL EAST BOUND PUJ’S TO PROCEED TO ORORAMA MEGA CENTER AND LIMKETKAI COMMERCIAL CENTERS to park, drop and pick-up passengers at the areas (terminals) designated by the latter under the guise of paying a PRIVILEGE ENTRY PERMIT worth (P20.00) Pesos. This Executive Order is even worse than before because it allows ALL the East Bound PUJs to proceed to Oro Rama Mega Center and Lirnketkai Commercial Center, all located at Lapasan, this City. Be it noted that one of the prearnbular clause invoked by the issuance of executive order no. 39 states as follows:

“WHEREAS VEHICULAR TRAFFIC TO AND FROM CAGA YAN DE ORO CITY ESPECIALLY IN RELATION TO THE VARIOUS DESTINATIONS IN THE EAST HAS GROWN TREMENDOUSLY, CREATING SERIOUS DIFFICULTIES AMONG DRIVERS, OPERATORS, MTD COMMUTERS, AND RESULTING IN ACCIDENTS AND UNNECESSARY VIOLENCE.”

Now, it is worth remembering that the primordial purpose of the city government in transferring the terminal of East Bound PUJs from Agora Market at Lapasan to Gusa, this city was to prevent the East Bound PUJ’s from entering the city in order to decongest the traffic at the Lapasan area. This is very clear from Resolution No. 4184-99 passed by City Council of the City Government of Cagayan de Oro copy of which was already attached and marked as annex “A” hereof, and also in the letter of former City Mayor Vicente Y. Emano wherein he categorically made mentioned that the City of Cagayan de Oro has much to gain from its operationalization. Once established, it will decongest traffic in Lapasan area. This problem is also adopted and shared by this administration as shown in one of the preambular clauses of Executive Order No. 39 wilen it said, “WHEREAS VEHICULAR TRAFFIC TO Al’lD FROM CAGAYAN DE ORO CITY ESPECIALLY IN RELATION TO THE VARIOUS DESTINATIONS IN THE EAST HAS GROWN TREMENDOUSLY, CREATING SERIOUS DIFFICULTIES AMONG DRIVERS, OPERATORS, COMMUTERS, AND RESULTING IN ACCIDENTS AND UNNECESSARY VIOLENCE.” Henceforth, why allow the East Bound PUJs and Aircon Vans to proceed to Oro Rama Mega Center and Limket Kai Commercial Center to park, drop and pick up passengers when these establishments are all located at Lapasan, the very same Lapasan area whose traffic problem was being remedied by the establishment and the transferring of the East Bound PUJ Terminal from Agora market at Lapasan to Gusa” this City. Why allow the management of Oro Rama Mega Center and Limketkai Commercial Center to establish their own private terminals in their own private lots for the East Bound PUJs and Aircon Vans to park drop and pick up passengers, is this allowed by our ordinance that these private corporations can establish private terminals for the East Bound PUl’s and Alrcon Vans?

All these are clear violations of the Deed of Donation and I was duped in donating my property on the belief that the same will be used to decongest the traffic at Lapasan area but the truth of the matter is the fact that my property was mortgaged and used to secure in part the ONE BILLION loan of the City Government of Cagayan de Oro to the Land Ban.1( of the Philippines. Proof to this is the hereto attached photo-copy of Transfer Certificate of Title No. T – 157116 marked as ANNEXES “G” and “G-1” showing the annotation that the property I have donated for the terminal of the East Bound PUJ’s in order to decongest the traffic at Lapasan area was mortgaged by the City Government of Cagayan de Oro to secure in part the One Billion loan of the City to the Land Bank of the Philippines. Because of this, I am requesting the Honorable City Mayor to revoke Executive Order No. 39, otherwise I will be constrained to look for other legal remedies in order to protect my interest as donor and tax payer.

Very truly yours,

MR. JAMES S. GIAM

Donor and Taxpayer

San Pedro Street, Gusa, Cagayan de Oro City

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