Over anti-counterflow measure: Palace orders Tomas to answer complaint

CEBU, Philippines — The Office of the President has taken cognizance of the administrative complaint filed by Land Transportation Office-7 Director Victor Caindec against Cebu City Mayor Tomas Osmeña and ordered the latter to submit his answer.

Caindec accused Osmeña of gross negligence, dereliction of duty, and grave abuse of authority for issuing Executive Order No. 34 that penalizes traffic counterflowing in the city.

“Pursuant to Section 1, Rule 4 of Administrative Order No. 23, series of 1992, as amended by AO No. 159 of 194, series of 1999, respondent Mayor Tomas Osmeña of Cebu City is hereby directed to submit, within 15 days from receipt hereof, his verified answer (not a Motion to Dismiss) to the attached Complaint-Affidavit dated August 17, 2018 of complainant Victor Emmanuel Caindec and to furnish complainant with a copy of his Answer,” reads the order dated October 8 signed by Deputy Executive Secretary for Legal Affairs Ryan Alvin Acosta.

Caindec received a copy of the order yesterday by mail.

“It would be presumptuous to speculate on how the Office of the President will decide, and when. Suffice to say that I'm happy that due process is taking its course,” Caindec told The FREEMAN.

Caindec believes that Osmeña’s Executive Order No. 34, issued on February 2, was “illegal” as it reportedly violated Section 60, paragraphs c, e, and h of Republic Act 7160 or the Local Government Code.

This prompted him to ask the Office of the President last August to investigate the matter and impose disciplinary action on Osmeña for violating the Local Government Code. On February 2, Osmeña signed and issued Executive Order No. 34 or the order declaring reckless driving pursuant to the provisions of Republic Act 4136 otherwise known as Traffic Code of the Philippines, City Ordinance No.801 and other existing traffic rules and regulations nuisance per se, providing sanctions thereof and for other purposes.

Using the alleged illegal order, the Cebu City Transportation Office has impounded thousands of motor vehicles and motorcycles. As stated under Section 3 of the EO, Osmeña cited the sanctions and penalties against violators which include removing off the roads all motor vehicles used in the commission of an offense for at least 30 days as “corrective measure.”

In the order, he said the declaration of reckless driving or driving left or counterflow as a nuisance was needed for the city to be allowed to remove off the road all the vehicles used in the commission of an offense. — FPL (FREEMAN)