The Court of Appeals (CA) affirmed the decision of a lower court that the assailed ordinances of Santiago City, Isabela are valid as these do not impose on transport operators and drivers to compulsory use city-owned integrated terminal complex and even do not prohibit privately-owned terminals.

The CA’s 8th Division affirmed the assailed August 3, 2009 joint resolution issued by Judge Efren Cacatian of Santiago City Regional Trial Court Branch 35 after finding no reversible errors.

The Appellate Court said the appeal of petitioners-appellants Melchor Jacob, in his capacity as president of Transport Sector Unified and Federated Enthusiasts of Region 2 and Alliance of Concerned Transport Organization (TSUPER 2-ACTO) lacks merits.

Named respondent-appellees were Santiago City government represented by Mayor Amelita S. Navarro, Eusebio Orestes S. Ferrer, facility manager, Office of the Integrated Terminal Complex (ITC); and Claro Comoda, head, Public Order and Safety, and all their agents and persons acting under their control and supervision.

The CA did not agree with the contention of TSUPER 2-ACTO that the lower court committed grave and manifest errors when it ruled that the Ordinance No. 6th CC-83 and 84 issued by the city government of Santiago were valid.

In a 21-page decision penned by Associate Justice Elihu A. Ybanez, the CA said “It (ordinance No. 6th CC-84 ) simply allows the State to act “when public interest so requires,” even then, no outright prohibition is mandated, as the State may choose to regulate rather than to prohibit.”

Associate Justices Amelita Tolentino and Arturo G. Tayag concurred with Ybanez’ penencia.

The CA noted the city government of Santiago, in enacting Ordinance No. 6th CC 83 merely regulated the traffic within the poblacion through the ITC but does not mandate the compulsory use of such.