The Philippine Ports Authority in this city foiled what court have been a long-drawn litigation involving the P12 port access fee set for implementation yesterday, December 1. Succumbing to public clamor against the imposition, PPA General Manager Emmanuel Boholano announced last Thursday that PPA Manila gave instructions to defer the implementation. PPA Administration Order No. 4 dated 2009 imposed the collection of P12 for every tricycle ferrying passengers inside the city wharf. Cong. Rene Relampagos of the first district made representation with PPA Manila to defer the collection. The request was promptly granted. Earlier, lawyer Oscar Glovasa was poised to file a 15-page injunction complaint questioning the P12.00 port access fee, with the Regional Trial Court. Representing as pro-bono counsel of the tricycle drivers, Glovasa received early Thursday morning a letter from the PPA Tagbilaran port manager stating among others that the port access fee is “deferred and/or suspended.

Glovasa, a former city councilor, remembered a letter-request in June 2005 by then Port Manager Raul Oblenda, for the adoption of a city ordinance approving PPA’s proposed Port Zone Delineation of the Tagbilaran Port. But Glovasa with then councilors Lucille Lagunay, Nereo Zamora III, Danilo Bantugan and Edgar Kapirig, vehemently opposed the proposal since the PPA would have jurisdiction of the entire Tagbilaran Wharf Road from “Pook Pantalan” to the reclaimed port area, including several meters on both sides of the road thereby easing out MR’s and Joving’s restaurants, and all the occupants at the “pook” who were assisted in getting foreshore lease by Glovasa. PPA promised a revision of the port zone plan, but after more than seven months, the SP joint committees submitted a report penned by Glovasa, denying such request for failure of PPA to submit a revised plan. The councilors then envisioned a coastal boulevard from the wharf road to Manga and from such road a causeway to ease traffic at CPG North and V. Inting Avenues.

Several tricycle drivers complained to Glovasa that PPA would have collected the P12.00 port access fee for every tricycle driver entering the PPA “toll gate” about a few meters from the “pook” if they could not pay P12.00. If they refuse passengers going to the wharf, they would be charged for non-conveyance; if they stop at the “toll gate” for passengers to disembark, they could be charged for trip-cutting; if they request the passenger to pay the P12 access fee, they would be charged for over-charging; if passengers insist of the P11 or increased fare of P13 per city ordinance for the one-kilometer trip from any point in the city to the wharf and the drivers must pay the PPA P12 access fee, an exchange of hot words or a fight between them would ensue, and that the drivers are not fools to pay PPA P12 access fee and collect P11 or P13 from the passenger at the pier or wharf.

Besides, the old, sickly, poor, pregnant women, persons with disability or with children would be compelled to walk about 500 meters of the Tagbilaran Wharf Road under the heat of the sun or drops of rain, and those with baggage would have to carry the same, or spend more for the carromatas for hire. Glovasa strongly contended that PPA has no jurisdiction to construct a “toll gate” at the middle of the Tagbilaran Wharf Road and a few meters from the “pook”, since such area is a part of the city road wherein the Local Government Code vest authority and jurisdiction upon the City Government of Tagbilaran, and in fact PPA made a request in 2005 to City Mayor Dan Neri Lim and the Sangguniang Panlungsod. The city has never questioned PPA’s authority at the reclaimed area known as Tagbilaran Port. Glovasa assured tricycle drivers and the riding public that he would file such case in court, if later on PPA would impose and collect the port access fee to tricycle drivers at any toll gate within the Tagbilaran Wharf Road.