The improvement of the night market operation on Colon St. is among the provisions of the executive order earlier issued by Mayor Michael Rama. However, the Department of Public Works and Highways (DPWH-7) says the EO is an invalid exercise of police power amounting to “confiscation in the guise of regulation” since Colon St. is owned by the national government.
(CDN File Photo)
Several stakeholders opposed Cebu City Hall’s plan to revitalize Colon St. which includes making the street a “walking zone.”
In a public hearing yesterday, the City Council questioned the legality of Executive Order 14-7 issued by Cebu City Mayor Michael Rama for the revitalization project of Colon.
“There is no legal basis for the EO since Colon is owned by the national government through the DPWH. It can’t be used as public market without consultation and authority of DPWH,” said councilor Sisinio Andales who called for the public hearing.
The Department of Public Works and Highways (DPWH-7) opposed the EO mainly because Colon Street, as per the department’s road inventory, is a national road and is owned and maintained by the national government through them.
“The subject EO is void as LGUs have not been given by Congress the authority to permanently close national roads. Colon Street, being a national road and accordingly devoted for public use, is deemed as a property of public dominion,” read the position paper of DPWH 7 which was read by DPWH lawyer Yvonne Epondulan during the public hearing yesterday.
Since it is the state’s property of public dominion, DPWH said Cebu City Hall cannot exercise ownership or possessory right over it nor can its intention for public use be withdrawn or converted by the city government.
They added that the EO is an invalid exercise of police power amounting to “confiscation in the guise of regulation.
Among others, the EO seeks to improve the operation of the night market in Colon which is currently held from 6 p.m. to 12 midnight.
Although they are not against the idea of enhancing the area, the Colon Merchants Association is concerned over the operation of the night market.
Joseph Soberano pointed out that their members have been experiencing an average of 20 percent decline in profit due to the night market and the stall owners also do not dispose of their garbage properly.
This is unsanitary as they do not have direct access to running water.
On the other hand, Renato Avila who represented the Cebu Chamber of Commerce and Industry (CCCI) read the statement of CCCI President Teresa Chan that says the restoration of Colon St. would enhance business activities in the area.
But when they were told that Colon St. is a national road, Avila suggested for the city to revisit the night market operations.
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