CEBU, Philippines - The Department of Public Works and Highways has reiterated that the Cebu City night market on Colon Street is illegal because it violates Republic Act 917 otherwise known as the Philippine Highway Act of 1953.
DPWH district engineer Fernando Cruz said the operation of the night market is deemed illegal because it utilizes a national road.
Outgoing Traffic Operations Management Executive Director Rafael Christopher Yap, on the other hand, countered that Section 458 of Republic Act 7160 (Local Government Code of 1991) that the city can regulate the use of streets, avenues, alleys, sidewalk, bridges, parks and other public places, including the construction, improvement repair and maintenance of the same.
“Regulate traffic on all streets and bridges; prohibit encroachments or obstacles thereon, and when necessary in the interest of public welfare, authorize the removal or encroachments and illegal constructions in public places.”
He said the said provision can supersede the Philippine Highway Act.
“Naa’y authority ang city to use roads even if those are identified as national roads,” Yap said.
Moreover, he said they want to know the mechanics of the entire revitalization project, for the city to provide traffic measures, and properly coordinate with the Land Transportation Franchising and Regulatory Board as to the traffic rerouting scheme.
Yap, though, said the night market causes road congestion even after peak hours because some of the roads downtown has to be temporarily closed.
“Kung magsige sila og sulti nga illegal, ang court ra ang mosulti ana,” Mayor Michael Rama, on the other hand, said.
“We talk now of adjusting to what’s apt but they (vendors) are poor people. Daghang dakpunon but tungod kay pobre ang atong country we must adjust,” he said.
“The stomach has to be feed, business has to be affordable to all; but the poor cannot have the business because they don’t have enough money to rent. That is why evening (night market) belongs to them and morning belongs to those who can afford,” he added.
“Let’s forget about legality. The intentions and objectives of the mayor is to revive the downtown; increase business transaction and sales; invite, help and promote small and medium enterprises; to have human traffic in the downtown area or to bring people back. If walay night market who will go to colon after 8 or 9 pm?” George Chu, project’s committee president, said.
The night market, which has existed for eight years now, is part of the downtown revitalization program Rama started when he was still vice mayor.
It aims to light up the whole stretch of Colon, maintain peace and order, promote the clean and green program, improve the traffic flow, regulate the vendors, and boost business in the area.
DPWH said that Colon is a national road and that Rama’s order, which includes the repair of its drainage system, does not have legal basis.
Rama earlier said he wants Colon to become a “walking zone,” where public utility jeepneys and other vehicles are barred from entering.
DPWH’s Atty. Dean Martin Padoga, though, clarified that they are not against the executive order as long as it does not violate any existing laws.
DPWH, however, maintains that Rama’s order is void since the Cebu City government has no power from Congress to permanently close a national road, which should be devoted to public use and is deemed a property of public dominion and outside the commerce of man like the night market.
“The EO violated several national laws, particularly PD (Presidential Decree) 17 or the Revised Philippine Highway Act in, which the jurisdiction of Colon as national road belongs to DPWH or the national government,” Padoga said.
He said that although the Local Government Code provides that local government units can use a national road temporarily, it does not allow any LGU to permanently close a national road.
For Cebu Chamber of Commerce and Industry vice president Renato Avila, however, Rama’s position is the right thing to pursue.
Avila said most establishments in the city desire for the complete makeover of Colon Street, which is being hailed as a monument of heritage and one of the top tourist destinations in the Philippines.
“The restoration of Colon Street would lead to enhanced business activities, thereby leveling up investment and therefore improving the social, environmental and economic conditions of the street” Avila said.
Avila, though, requested that the city council take a second look on the night market’s operation, which is planned to become permanent as stated in the executive order Rama signed.
Jose Soberano, Colon Merchant Association president, also expressed gratefulness for City Hall’s plan. He recognized that the Colon Night Market indeed affected Colon Street adversely as well as stakeholders who depend on the street’s state of affairs.
“All members of the Colon Merchant reported to have 20 percent decrease on their sales due to the night market because the distraction and inconvenience it causes to the shoppers” Soberano said.
City Councilor Margot Osmeña suggested that the night market should not be abolished since it benefits the small scale marketers; however, it should be transferred to a more appropriate place.
On the other hand, City Councilor Alvin Dizon suggested that the city must consult all those affected, not just the legitimate businesses but also the small merchants who are hopeful of this kind of project. — (FREEMAN)