That was the text reply of internationally-renowned environmental lawyer Dr. Tony Oposa to an urgent text message I sent him. I was in the company of officers of the FU student government to publicly show our support for “AN ORDINANCE DECLARING SEGMENTS OF PERDICES STREET AS PROMENADE, REGULATING THEIR USE, AND FOR OTHER LEGITIMATE PURPOSES.”
On the way to the session hall, I saw City Administrator William Ablong who informed me that the scheduled first hearing will be not be discussed thoroughly because somebody provided the information that Perdices Street is a national road and will probably take an Act of congress to have the thoroughfare closed to motor vehicles.
However, Ablong informed us that the proposed ordinance will be modified so that it will be the Rizal Boulevard that will be affected–an information which buoyed up our initial disappointment because when we started mulling about the campaign a year ago, it was really the Boulevard that we wanted to be free from vehicular traffic on weekends and special holidays.
In the session hall, the FU student leaders hang the streamer they brought along declaring their support for the “Perdices Promenade” ordinance, authored by Councilors Manuel R. Arbon, Joe Kenneth K. Arbas, Antonio J. Remollo, Albert Aquino, and Vice Mayor Alan Gel Cordova.
The proposed ordinance was listed at the very end of a long list of topics to be discussed prompting Councilor Arbon to ask the presiding chair, Vice Mayor Cordova, that it be taken up ahead of the others so that the students present can go back to their classes.
The Councilors as a whole were supportive of the ordinance except for the following observations:
Councilor Dan Leon said that Perdices street is a national road. However, Councilor Arbon countered there is no evidence to show that indeed the street is a national road. It was suggested that a confirmation on the status of the street be sought from the Dept of Public Works and Highways.
Here’s an email exchange between me and Dr. Oposa which may shed light on this concern:
I just attended the first hearing of an Ordinance to declare Perdices St., the main road in the commercial district of Dumaguete City, free of vehicular traffic. The hearing could not proceed because somebody claims that it is a National Road, hence, as they argued, no ordinance could be enacted to close it. Is Osmena Blvd in Cebu a national road?
TRAFFIC IS A LOCAL MATTER. IT DOES NOT MATTER WHO HAS JURISDICTION OVER THE ROADS. SEE EXEC ORDER 774 (2008) PERTINENT PORTION BELOW.
I AM NOT SURE ABOUT CLASSIFICATION OF THE OSMENA BLVD. BUT AGAIN IT DOES NOT MATTER BECAUSE TRAFFIC MANAGEMENT IS A LOCAL MATTER. I BELIEVE CLASSIFICATION OF NATIONAL, LOCAL AND PROVINCIAL RELATES ONLY TO THE MAINTENANCE. THIS IS AN IRRELEVANT CLASSIFICATION — FROM WHAT THE ARCHITECTS AND LAND USE PLANNERS TELL US –THE CLASSIFICATION SHOULD BE ARTERIAL, COLLECTOR, AND LOCAL ROADS.
EVEN IF IT IS NATIONAL ROADS, SEE BELOW EXCERPT OF A LAW EO 774. I AM SURE YOUR COUNCIL DOES NOT KNOW THIS!
Unfortunately, the enclosure that Dr. Oposa attached didn’t appear. However, I researched on E.O. 774 and this is what I downloaded: EXECUTIVE ORDER NO. 774, Dec 26, 2008, REORGANIZING THE PRESIDENTIAL TASK FORCE ON CLIMATE CHANGE.
“Section 9. Task Group on Fossil fuels. – (a) To reduce the consumption of fossil fuels, the Department of Transportation & Communications shall lead a Task Group to reform the transportation sector. The new paradigm in the movement of men and things must follow a simple principle: “Those who have less in wheels must have more in road.” For this purpose, the system shall favour non-motorized locomotion and collective transportation system (walking, bicycling, and the man-powered mini-train).
“b) The DOTC and the Department of Public Works & Highways shall immediately transform roads using aforesaid principle.
“g) The Department of Interior & Local Government shall coordinate with local government units and guide them on the plan to transform the locomotion and transportation system to favour parties who have no motorized vehicles.”
Touché, honorable members of the City Council. This mandate of E.O. 774 should now eliminate all barriers that prevent you from enacting ordinances to democratize not only the Perdices Street, but the Rizal Boulevard as well, and for that matter, other thoroughfares in our City of Gentle People, in consonance with the “simple principle” stated under Section 9 of the Law: “Those who have less in wheels must have more in road.”
Dr. Oposa further adds: NO NEED FOR A LAW ON THE MATTER (of closing Perdices Street if it is a national road). A LOCAL ORDINANCE I BELIEVE WILL SUFFICE. AGAIN, TRAFFIC, WELLNESS AND HEALTH FALL UNDER THE GENERAL WELFARE CLAUSE OF THE LOCAL GOV CODE. ALL CHANGE IS DIFFICULT…AT THE START. WHAT IS IMPORTANT IS TO START IT. BE IT RIZAL BLVD AS A BEGINNING. WHEN PEOPLE SEE IT, THEY WILL CLAMOR FOR MORE. AND THAT IS HOW REVOLUTIONS BEGIN.
With the acquiescence and support of the youth, we implore the members of the Dumaguete City Council, to start the “revolution.”
