Malacañang orders Osmeña to answer Caindec complaint

Counter-flowing EO 

The Office of the President has directed Cebu City Mayor Tomas Osmeña to explain his Executive Order empowering traffic enforcers to penalize counter-flowing drivers by impounding their vehicles for 30 days.

The order stemmed from the complaint filed by Land Transportation Office (LTO) Regional Director Victor Caindec who said only their office can impound vehicles whose drivers violate traffic rules.

The mayor’s EO No. 34, he said, violated the Land Transportation and Traffic Code ( Republic Act No. 4136).

In a letter dated on October 8, 2018, Ryan Alvin Acosta, deputy executive secretary for legal affairs directed Osmeña “to submit within 15 (fifteen) days from receipt thereof, his verified answer (not a motion to dismiss) to the attached complaint-affidavit dated 17 August 2018 of complainant Caindec, and to furnish the complainant with a copy of his answer.”

Caindec accused the mayor of gross negligence, dereliction of duty and grave abuse of authority.

Sought for comment, Osmeña told Cebu Daily News in a text message that he has not received a copy of the letter from Malacañang.

OSMEÑA

“Never got the letter,” said Osmeña.

The complaint filed by Caindec against Osmeña marked the peak of their feud.

The mayor said he had received complaints from drivers being fined P12,000 by the LTO for driving unregistered motorcycles, whose registration papers were still pending approval by the same agency that penalized them.

Caindec for his part challenged the mayor to solve the traffic problem in Cebu.

Cebu City Traffic Office (CCTO) chief, Francisco Ouano, said they are still implementing EO No. 34.

“We know about the case filed by Director Caindec but we haven’t received any advisory from our good mayor to stop it,” said Ouano.

Records from CCTO showed they have impounded around 2,500 vehicles caught counter-flowing since Osmeña issued his EO.

“Everyday, our enforcers catch vehicles who are found counter-flowing. The EO was meant to discipline drivers,” Ouano added.

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