The proposed expansion of the Cebu Bus Rapid Transit (CBRT) system at the South Road Properties (SRP) has hit a legal roadblock after the Cebu City Council's committee on laws declared it could not fully evaluate the proposal without key documents tied to the city's joint venture agreement with Filinvest Land Inc. (FLI).
Committee Report Highlights Missing Documents
In a committee report, the panel chaired by Councilor Mikel Rama stated that it could not make a complete evaluation and definitive recommendation on the proposal because several documents, particularly the joint venture agreement (JVA) between the City Government and FLI, were not submitted.
Proposal Details
The proposal, submitted by the Department of Transportation (DOTr), seeks approval for the development of a 2.70-kilometer CBRT loop within the SRP joint venture property. The project includes a dedicated bus lane with stations, mixed-traffic lanes, bicycle lanes, pedestrian improvements, drainage works, and street lighting facilities.
Legal Review Pending
The committee on laws said it could not proceed with a full evaluation of the request because a more thorough review of the legal and contractual framework governing the JVA between the City Government and FLI is needed. The panel noted several issues that must first be clarified:
- Property ownership structure
- Limitations under the JVA
- Whether modifications to the SRP development require prior consent from the private partner
Councilors also raised the need to determine whether the proposed alignment constitutes a regulatory approval or a modification of vested contractual rights under the existing agreement.
Constitutional Concerns
The committee warned that approving the project without a complete legal basis could raise concerns over the constitutional prohibition against impairment of contracts.
Proposal Returned for Further Study
Because of these issues, the panel recommended returning the request to the proponent for further study and completion of the required documents before the council acts on it.
Scope of the Project
The DOTr proposal involves about 10,223 square meters of affected land within the SRP area, where four CBRT stations are planned as part of the loop system.
Urgency Stressed by DOTr
The DOTr said the project forms part of a broader effort to establish a modern and integrated transport system in Cebu City. The agency added that the alignment had already been coordinated with FLI and incorporated into its updated site development plan. The DOTr also stressed the urgency of completing key SRP stations before the closing of the World Bank loan supporting the CBRT project.
