Court urges city to implement perimeter boundary ordinance

By Jeehan V. Fernandez

The Regional Trial Court issued a writ of preliminary mandatory injunction on January 5, 2005 for the city government to immediately enforce the controversial perimeter boundary ordinance (PBO) and the franchise ordinance it has granted to Iloilo Terminal and General Services Inc. (ITGSI).

This after the ITGSI filed a case for specific performance, mandamus and damages with preliminary injunction against the city mayor and all the city councilors.

ITGSI president Narciso Pueblo sued the city government claiming that the Central Line terminal they have put up suffered losses upon waiting for the execution of the ordinance while it has already the franchise approved by the previous SP.

"The non-implementation of the ordinance would cause great damage and prejudice to the plaintiff," the court ruled.

RTC Branch 26 Judge Antonio M. Natino in his order, urged the defendants for the immediate implementation of Franchise Ordinance No. 2003-117 by prohibiting the entry of passenger vehicles beyond the terminal at Brgy. Ungka, Jaro, Iloilo City .

Natino stated that the franchise ordinance is not dependent on the approval of the compromise agreement submitted by both parties "because the ordinance itself provides a definite period for which it shall be implemented".

"Based on this discussion, the Compromise Agreement being contrary to law, is hereby disapproved," Natino stressed.

Earlier, Mayor Jerry P. Treñas entered into a compromise agreement with the ITGSI to implement the perimeter boundary ordinance for public vehicles coming from the central towns of Iloilo .

The move was taken by the City Legal Office for the city to avoid paying the damages asked by the terminal operator.

Meanwhile, The News Today learned that the City Legal Office would move for the reconsideration of the court's ruling.