In support of the road revolution that Dr. Oposa launched in Cebu City, and which was replicated in Pasig City which passed an ordinance making Ortigas street car-free every Sunday:
“Dear friends from Dumaguete:
Dumaguete would be perfect for bicycle-riding. The City is small, and everywhere is within bike or walking distance. And you have a very educated people.
Please do better than Pasig. And then the rest of the country will try to do better than you will. But you have it in your hands to make it happen. Please show us the way.
Yes, if the good councilors and barangay captains start using their bikes and start walking, then soon, other people will start to follow.
Unlike my previous advocacy work where I just go ahead and go it alone through legal actions to demand change, I have tried another approach this time — talking to people, persuading them, and trying to work with governments.
It seems, however, that local government units (except for a few enlightened ones like Pasig, and maybe Dumaguete) are stuck in a time warp. They think the individual and motorized system of transportation is the way to go, and in the process, allow themselves to be weighed down by unruly and uncooperative vested interests.
We are moving up to second gear soon, after a more than a year of trying to convince people and governments. Second gear will be a massive legal action for mandamus and writ of kalikasan.
Yesterday during the Carless Ortigas St. event, I met with two other lawyers. We will begin drafting the complaint. DoTC, DPWH, DILG and the Office of the President will be the main-indispensible defendants. (See EO 774, ‘08).
You know who will be ‘necessary respondents’? Selected local government units — selected on the basis of their lack of cooperation.
Would Dumaguete be willing to be named a cooperative respondent so it can be a model?
With the understanding and cooperation of LGUs (e.g. Dumaguete), they can use the case to empower themselves against unruly vested interests, and give them a good ‘reason’ to do what needs to be done. This need not be adversarial. Rather, it can be mutual and beneficial, even to their political futures. Remember, 98 percent do not have motor vehicles. I do not believe in confrontation, only in cooperation.
I intend to work on the petition the whole year of 2012. (Not being very bright, I take a very long time to think things through.) If Dumaguete has one or two lawyers from Silliman University, or any other volunteer who would like to help craft the petition, they are most welcome.
The idea is to file this case shortly before election season begins next year. Let’s see smug local officials squirm in their seats when asked why they have given all the roads to two percent of the people who have motor vehicles (and spoiling the air quality), and left nothing of the road and public space for the 98 percent who don’t have motor vehicles. Is this their idea of social justice?
The sweat that will trickle down their foreheads while trying to answer these questions on the witness stand under cross-examination would be most fun to watch.
And it will be in my preferred playground — the court of law. There, the rules of play will be formal, orderly, systematic, logical, (walay sininggitay, walay istoryang binata), and backed by clear and convincing evidence.
Win or lose (I never expect to win my suntok-sa-buwan cases. That way, I am prepared for any disappointment and happy for any positive outcome), it may yet result in action on some way forward. There must be a way out of this motorized madness and pernicious pollution we experience (and tolerate) today in our towns and cities.
But since we do not have political power, let’s use the power of the people instead, armed with the power of the law.
Now the fun is about to begin. Have a good week ahead.”
Is there anyone in the City Council, lawyers from Silliman University and Foundation University, who have the gumption and balls to respond to the challenge paused by Dr. Tony Oposa? Are we, in this University Town, in Tony Oposa’s words, stuck in a time warp?
