QuestionsQuestions (MMDA Resolution NO. 1)
The resolution states it is adopted pursuant to Section 6 of R.A. 7924.
The MMDA, together with the Land Transportation Franchising and Regulatory Board (LTFRB), adopted the measure to ban the establishment of new and/or additional bus terminals/stations along major thoroughfares.
It cites that the sudden surge of bus terminals/stations along major thoroughfares increased vehicle volume, worsening traffic congestion.
It urges LGUs to refrain from issuing building permits and mayor’s permits for the establishment of bus terminals/stations in the specified areas.
It is primarily regulatory/administrative: it urges LGUs (through permit approvals) and requests HLURB (through locational clearance issuances) to refrain from allowing approvals for new/additional bus terminals in specified locations.
It specifically targets the proper officials of Metro Manila LGUs and requests the Housing and Land Use Regulatory Board (HLURB) to refrain from issuing locational clearances.
It is the reference circular that identifies the places/thoroughfares along which new and/or additional bus terminals/stations are to be banned.
Examples include EDSA, España (España), Quezon Avenue, E. Rodriguez Avenue, Ramon Magsaysay, Aurora Boulevard, and Tramo (Pasay City).
It allows potential expansion of covered locations, but still within a framework where LGUs identify additional thoroughfares subject to the same prohibition on new/additional terminals/stations through permitting and clearance processes.
HLURB is asked to refrain from issuing locational clearances for the construction of new/additional bus terminals in the places cited in LTFRB Memo Circular No. 95-012 and those identified by LGUs.
Building/mayor’s permits are typically approvals required for construction/operation; locational clearances are land-use/zoning-related clearances. Withholding them effectively blocks both the construction and the land-use authorization for terminals.
The resolution states it shall take effect upon approval.
The chairman is Prosporo I. Oreta, and the approval date indicated is 16 January 1996.
A party might allege impairment of property rights or denial of due process. Assessment would focus on whether the measure is a valid exercise of police power for traffic decongestion, whether it is reasonable, and whether affected persons have notice and an orderly process for permits/clearances.
It is targeted: it bans new/additional terminals/stations along specified major thoroughfares listed in LTFRB Memo Circular No. 95-012 and those later identified by LGUs, rather than a blanket ban everywhere in Metro Manila.