AWITING PANGWAKAS: "ANG PASKO AY SUMAPIT"

Ang Pasko ay sumapit
Tayo ay mangagsiawit
Ng magagandang himig
Dahil sa Diyos ay pag-ibig

Nang si Kristo'y isilang
May tatlong haring nagsidalaw
At ang bawa't isa ay nagsipaghandog
Ng tanging alay

Koro:
Bagong Taon ay magbagong-buhay
Nang Lumigaya ang ating bayan
Tayo'y magsikap upang makamtan
Natin ang kasaganaan

Tayo'y mangagsiawit
Habang ang mundo'y tahimik
Ang araw ay sumapit
Ng sanggol na dulot ng langit

Tayo ay magmahalan
Ating sundin ang gintong aral
At magbuhat ngayon
Kahit hindi Pasko ay magbigayan

LRT-1 Cavite Extension and LRT-MRT common station problems

Even if the Pasay City Regional Trial Court (RTC) junked SM Prime Holdings Inc.’s (SMPHI) application for a temporary restraining order (TRO) and preliminary injunction, the Henry Sy-led group is still insisting that the contract it entered into with the government on the proposed P1.4-billion ($32.10 million) Metro Rail Transit-Light Rail Transit (MRT-LRT) common station was valid and legally binding.

The common station will connect LRT 1 from Baclaran in Pasay City to Roosevelt Avenue in Quezon City; MRT 3 from North Avenue in Quezon City to Taft Avenue in Pasay City; and the proposed MRT 7 of conglomerate San Miguel Corporation. MRT 7 will run from Caloocan City and pass through Lagro and Fairview, Novaliches, Batasan, Diliman, Philcoa, before ending at EDSA.

In a 7-page order dated June 23, Pasay City RTC Branch 111 presiding judge Wilhelmina Jorge-Wagan denied the application for TRO and writ of preliminary injunction sought by SMPHI against the Department of Transportation and Communications (DOTC) and the Light Rail Transit Authority (LRTA).

The Republic Act (RA) 8975 or An Act to Ensure the Expeditious Completion of Government Infrastructure Projects prohibiting lower courts from issuing TROs, preliminary injunctions or preliminary mandatory injunctions was cited in the decision.

RA 8975 prohibits any court except the Supreme Court from issuing any TRO, preliminary injunction, or preliminary mandatory injunction to retrain or prohibit the government from acting on the location of any national government project; bidding or awarding a contract or project of the national government; and authorizing any other lawful activity for such contract.

The court would act contrary to the law if it ignores the statutory prohibition and issues a TRO against a government contract, Jorge-Wagan pointed out.

SMPHI also failed to allege and establish that its application for TRO was of extreme urgency involving a constitutional issue such that failure to issue would cause grave injustice and irreparable injury.

“In the absence of such extreme urgent matter, calling for the exception under paragraph 2, Section 3 of RA 8975, this court utterly prohibited from issuing the provisional remedies sought,” Jorge-Wagan said.

Fighting for the common station

Citing a memorandum of agreement (MOA) with government, SMPHI filed a case before the Pasay City RTC asking it to stop DOTC and LRTA from transferring the proposed common station to the Trinoma Mall of Ayala Land Inc. from the SM North EDSA mall.

The MOA also stated that SMPHI would have the naming rights to the common station in exchange for P200 million ($4.59 million).

The agreement entered into with DOTC and LRTA in September 2009 was valid and legally binding, SMPHI legal counsel Ryan San Juan said. (READ: Why SM is after the MRT-LRT common station)

However, the MOA signed by SMPHI and LRTA that was approved by the National Economic and Development Authority (NEDA) on July 7, 2009 had lapsed in 2011, DOTC spokesperson Michael Arthur Sagcal said June 9.
“It is regrettable that the Pasay City RTC denied SMPHI's application for a TRO to prevent the DOTC and LRTA from performing acts inconsistent with the terms of the MOA,” San Juan said.
Despite such, the company would still pursue the case against the government.
"SMPHI will now focus on its main and more important case for specific performance, where it seeks to enforce its rights under the valid and legally binding MOA, the existence of which has been duly admitted by both DOTC and LRTA in court, and which has neither been cancelled or terminated by the parties,” San Juan stressed.
The company is still hopeful though that DOTC and LRTA would respect the MOA and abide in good faith with all its terms and conditions.
“To be clear, the TRO is merely an incident to the main case for specific performance. Trial on the main case will continue. DOTC has asked for an extension of time to file their answer,” San Juan said.
The judge also gave both DOTC and LRTA until July 1 to file an answer to the complaint.
The consortium of Ayala Corporation and Metro Pacific Investments Corporation (MPIC) brings good news to commuters: The construction of the P64.9-billion ($1.37-billion) Light Rail Transit Line 1 (LRT1) extension from Baclaran, Pasay City to Niog, Bacoor City, Cavite will begin in June.
This was after the group of Ayala and MPIC – Light Rail Manila Consortium (LRMC) – on Friday, February 12, signed the P24-billion ($506.02-million) loan facility and the engineering, procurement, and construction (EPC) agreement for the LRT1 Cavite extension deal.
The Department of Transportation and Communications (DOTC) awarded the LRT1 Cavite extension project to the LRMC in September 2014.
"These milestone agreements give us significant headway towards the construction and commissioning of the much-awaited Cavite Extension which will benefit an additional 300,000 passengers from four big cities in southwestern Metro Manila," LRMC president and CEO Jesus Francisco said.
LRMC signed the 15-year Omnibus Loan and Security Agreement with Metropolitan Bank & Trust Company (Metrobank), Security Bank Corporation and Rizal Commercial Banking Corporation (RCBC), with P15.3 billion ($322.59-million) of the total loan amount allocated for the Cavite extension and P8.7 billion ($183.44-million) for the rehabilitation of the existing LRT1 system.
Stalled relocation of illegal settlers
But according to Francisco, unfinished right-of-way acquisition and stalled relocation of illegal settlers take a toll on the construction of the LRT1 Cavite extension.
"Our main concern is that there are still some ISFs – illegal settlers. But we got the report of the grantors that by April, they expect to do relocation of most of them, if not all of them," Francisco said.
As of today, the chief of LRMC said the government has delivered about 95% of the right-of-way acquisition.
"We think that the stations will come later, but first we have to start building the carriage way. April is when they said they would address the problems of the ISF. If they can really move, by June 1 we will be able to start," Francisco told reporters on the sidelines of a briefing in Makati City.
French firms as contractors
LRMC took on French companies Bouygues Travaux Publics and Alstom Transport Private Limited to help build the extension.
Francisco said that LRMC and contractors Bouygues Travaux Publics and Alstom Transport are set to commence the construction of the 11.7-kilometer Cavite extension once right of way is delivered by the DOTC and Light Rail Transit Authority (LRTA).
The extension is targeted for completion in about 4 years after the delivery of right-of-way.
The 11.7-kilometer Cavite extension will link with the existing system immediately south of the Baclaran Station, and run in a generally southerly direction to Niog, Cavite.
Eight new stations will be provided with 3 intermodal facilities across Pasay City, Paranaque City, Las Pinas City and Cavite.
The new stations are Aseana, MIA, Asia World, Ninoy Aquino, Dr Santos, Las Piñas, Zapote and Niog. The intermodal facilities will be located at Dr Santos, Zapote, and Niog.
The commercial speed of the Cavite extension will be 60 kilometers per hour.
LRMC said the new stations will be accessible to and from nearby community facilities such as shops, schools, stadium, and park.
Bouygues Travaux Publics, which will provide the railway infrastructure, is known globally for complex projects involving tunnels, engineering structures and road, port and rail infrastructure.
Among its recent projects are the Hong Kong–Zhuhai–Macao Bridge, the Port of Miami Tunnel, and the Nîmes-Montpellier rail bypass in France.
Under the agreement, Alstom will provide system integration and project management; build a new train depot; extend the existing depot complete with track works; and establish a new power supply, catenary lines, and signaling and telecommunications system.
Alstom will also modernize the signaling system of the existing 20.7-kilometer line, which runs from Roosevelt Avenue in Quezon City to Baclaran in Pasay City.
Former Public Works and Highways Secretary Rogelio Singson has returned to the private sector, now taking on the task of improving the busy Light Rail Transit (LRT) Line 1 in Metro Manila.
Singson confirmed in a text message Thursday he is now the CEO of Light Rail Manila Corp., a company formed by Metro Pacific Investments Corp. and Ayala Corp.
Light Rail Manila in September 2014 won the P65-billion public-private partnership (PPP) contract that involved the operations and maintenance of the LRT-1, which runs from Baclaran in Pasay City to Roosevelt in Quezon City, as well as the construction of an 11.7-kilometer extension line to Bacoor City, Cavite.
Singson assumed the role at Light Rail Manila last month, taking the place of Jesus Francisco.
“Through the work of its engineering team, LRMC was able to restore almost 20 more LRVs, while waiting for the procurement and arrival of 120 more LRVs in 2018. The increased capacity has enabled LRT-1 to accommodate more passengers and deploy up to 30 trains daily,” the operator said in a statement on Thursday.
LRMC -- a consortium of Ayala Corp., Metro Pacific Light Rail Corp. (MPIC) and Macquarie Infrastructure Holdings (Philippines) Pte. Ltd. -- will operate and maintain LRT-1 for 32 years.
It also bagged the P64.9-billion LRT-1 Cavite Extension public-private partnership (PPP) project, which will extend the train line from Baclaran to Bacoor, Cavite. The LRT-1 Cavite Extension project also involves rehabilitation of the existing 21-kilometer (km.) line and an 11.7-km. extension from Baclaran to Bacoor, Cavite that will lengthen the system to 32.4 km. from 20.7 km. currently.
Meanwhile, the LRMC recently announced free rides this Christmas season to all Concessionary Beep Card (CBC) holders -- senior citizens and persons with disabilities (PWDs) -- riding the LRT-1, accompanied by at least two family members.
LRMC said CBC holders can enjoy the free rides on all weekends and holidays from Dec. 3 to Jan. 8 in all stations of LRT-1. The operator is also extending LRT-1 operating hours to 11 p.m. until Dec. 23 to serve more commuters.

Excerptions

The Common Station project started in 2009 and has been on hold due to legal issues.
The LRTA inked a deal with SMPHI to build the station near SM North EDSA.
Even if the physical infrastructure connecting the two rail systems are in place and successfully tested, commuters have to go down at the Roosevelt station of LRT-1 and walk over or take a tricycle or jeepney for the one kilometer distance to the Trinoma terminal of MRT-3.
Former president and now Pampanga 2nd District Rep. Gloria Macapagal-Arroyo was arrested on November 18, 2011 after a Pasay court issued a warrant of arrest against her, following the filing of a complaint for electoral sabotage by the Commission on Elections.
The arrest warrant was served at a St. Luke's Medical Center at Taguig where Arroyo had been confined.
Days earlier, the Supreme Court had issued a Resolution enjoining attempts by the Department of Justice to prevent her departure from the Philippines to seek medical treatment overseas.
She was transferred to the Veterans Memorial Medical Center in Quezon City on December 9, 2011.
On December 12, 2011, Supreme Court Chief Justice Renato Corona was impeached by the House of Representatives.
On May 29, 2012, Corona was found guilty by the Senate of violating Article II of the Articles of Impeachment filed against him pertaining to his failure to disclose his statement of assets, liabilities and net worth to the public.
A year later, the Department of Transportation and Communications (DOTC) decided to build the station near Ayala’s near Trinoma, which is owned and operated by rival Ayala Land Inc., citing lower costs as a reason for the change of location.
On November 21, 2013, Malacanang approved the P1.4 billion construction of the LRT1 North Extension Project – Common Station. The project involves the provision of a common station for LRT1, MRT3 and eventually MRT7. Head to head platforms for LRT1 and MRT3 with a 147.4-meter elevated walk-a-lator to the proposed MRT7 at North Avenue will be constructed.
The Supreme Court intervened and issued a TRO in favor of SMPHI to stop the construction of the common station.
“Acting on the prayer for the issuance of a TRO and writ of preliminary injunction, the Court furthermore resolves to issue a TRO as prayed for, effectively immediately and continuing until further notice from this Court, enjoining the respondents, their agents and representatives, from proceeding with the transfer of the common station in front of SM City North EDSA to the new site in front of the Trinoma Mall in North Avenue, Quezon, City,” the July 30 order handed down by the high court’s First Division said.
It also ordered the respondents to comment on SM Prime’s petition “within a non-extendable period of 10 days from notice thereof.”
In a statement, SM Prime said the TRO reinforces the company's position on the construction of the common station in its original location across the SM City North EDSA Annex building under the terms of a memorandum of agreement the company signed with LRTA.
"We are merely asking that the DOTC/LRTA and/or the winning bidder construct the Common Station component thereof in front of SM City North EDSA, in faithful compliance with the MOA," it said.
Corona died on April 29, 2016, at 1:48 a.m. at The Medical City in Pasig due to complications of a heart attack. He also suffered from kidney disease and diabetes.
On July 19, 2016, the Supreme Court ruled in favor of the dismissal of plunder case against Arroyo, gathering a vote of 11-4 which was read by spokesperson Theodore Te. The majority of four justices who ruled against Arroyo's acquittal were appointees of former President Benigno Aquino III, namely Chief Justice Maria Lourdes Sereno and Associate Justices Marvic Leonen and Benjamin Caguioa. Joining the dissent is Associate Justice Antonio Carpio, an appointee during Arroyo's administration.

Senator Grace Poe on Wednesday asked the Department of Transportation to explain why it allowed a revision to the North Terminal project even if this would violate obligations under the MRT-7 contract and inconvenience commuters. Senators also grilled DOTr officials on the priorities they have set among a slew of measures sought to be embodied under emergency powers for the Executive to solve the traffic crisis.

At the Senate hearing into the emergency powers being sought by President Rodrigo Duterte to solve the country’s transport woes, Poe zeroed in on the project that would provide a common station linking Lines 3 and 7 of the Mass Rail Transit, noting that while it “is not part of your proposal under emergency powers, also concerns easing the traffic in Metro Manila.”

Poe said the revision, contained in the September 28 memorandum of understanding signed by SM-Ayala and the DOTr, involves transferring the location of the common station from along EDSA, as originally planned, to within the property of Trinoma mall.

She noted that DOTr planning division chief Joel Magbanua, in an internal memorandum to Undersecretary for Planning Rene Limcaoco, had assailed the revision as a violation of the obligations under the MRT-7 contract.

Aside from this, she said, the memo pointed out that the transfer would force the 55,000 commuters using the rail line daily to walk 350 meters from the MRT-3 to the MRT-7.

“May pag-aaral bang ginawa para may compelling reason kayo na ilipat ang common station (Was a study done to show a compelling reason to transfer the common station)?” Poe asked.

“Have you considered the stakeholders involved?” she added. “Paano na ang mga matatanda at (What about the elderly and) persons with disability?”

She pointed out that even if the way between the two lines would be airconditioned and wheelchairs are provided for those unable to walk that far, it would still be an inconvenience.

Poe also asked for a copy of the memorandum of understanding.

More questions than answers

Poe said the point she raised about the North Avenue Common Station project was just one of several questions the administration should answer before Duterte can be granted the emergency powers he seeks.

Among these questions Poe wants answered are:

For the DPWH, what are your projects for flooding?
How do you envision the Bus Rapid Transport System to work along EDSA? What about the narrow lanes, such as the intersection of Shaw Blvd and EDSA?
On your proposal to construct an Integrated Transport System South Terminal, you indicated PPP funding amounting to 2.2 billion; however, we have also received proposals from the Provincial Bus Operators Association of the Philippines (PBOAP) and the South Luzon Bus Operators Association (SOLUBOA), who are both willing to construct the North and South Terminals, respectively, for free.
What are your plans for new railways? Why not go through the regular bidding process for new railways?
What about specific projects? What projects do you have for Cebu, Davao, Cagayan de Oro? “Nabanggit ninyo ‘yung rail system doon, saan doon (You mentioned the rail system, where exactly will this be)?”
How is the NLEX-SLEX connector an urgent infrastructure project that will address the traffic crisis, and why has an award notice not been issued yet?
We also need to know the right of way issues, have you resolved them? NGCP, I’d like to know the status of that.
What is your masterplan on decongesting port areas?
There are appears to be some projects that have nothing to do with easing traffic in the country. “How will the establishment of a National Emission Testing Center, procurement of license plates, and procurement of projects under the Office of Transportation Security (such as the facial recognition system, etc.) address the traffic crisis? These are important and these need to be addressed immediately but I would think this is connected with what has been tasked for us to do which is to ease traffic.”
Also, regarding the National Emission Testing Center, I have received word that there was a recent meeting between the LTO and the Independent Philippine Petroleum Companies Association (IPPCA). During this meeting, the IPPCA pledged to undertake the repair of the motor vehicles inspection service facilities for free. Are you considering their offer? And if not, why not?
What are your plans on relocating informal settler families? Have you finally coordinated with other government agencies? This was raised by (Quezon City) Mayor Herbert (Bautista).
One of the powers requested under the proposed emergency powers bill is the power to reorganize attached agencies. Have you already identified which agencies will be reorganized and which agencies will have to remove employees due to redundancy? What assurance can you give us that these affected employees will either be transferred to a different department or paid separation incentives?
How do you plan to implement the transfer of international flights to Clark? Have you considered that this might result in additional travel cost to the commuters? You cannot tell me that if they can afford to travel internationally means that they can afford to pay more for travel to the airport. You should include in your proposal information on parking and ride facilities.
Even if they are tactical in nature, even if they’re palliative and temporary, I and the general public for that matter, would  like to hear from our guests the traffic plan especially designed and customized for the Christmas season.
“These are among the questions I wish to ask. I have more later. Perhaps, the DOTr should focus on projects that will immediately solve traffic. Baka kasi sobrang dami ng gusto ninyong gawin tapos marami sa mga proyektong iyun ay hindi naman talaga makakatulong sa problema. Meron din problema sa C6, ano bang plano, parang ‘di naman nabanggit (With so much you want to do, many of those projects might not even help solve the problem. There is also a problem with the C6, what is your plan, it doesn’t appear to have been mentioned)?” Poe said.

During the hearing, Senate Minority Leader Ralph Recto reprimanded the DOTr after finding out that no budget for the emergency powers was allocated in the 2017 national expenditure plan and there was no detailed engineering plan or even a feasibility study of the proposed projects.

Recto clarified that he did not oppose giving emergency powers to the government as long as these are clearly defined.

‘Kabisera’ boasts of awarded actors

It is understandable if the superstar Ms. Nora Aunor is super excited about “Kabisera” landing a place among the eight official entries to this year’s Metro Manila Film Festival. “Matagal na kasi ako hindi nakasali sa MMFF, kaya sobrang excitement ko na napili ang pelikula namin,” she said.
And it’s interesting to note that aside from Nora, most of the cast are awarded actors, too: Gawad URIAN Best Actors Ricky Davao and Jason Abalos; URIAN Best Supporting Actor Menchie Cobarrubias, QCinema Best Actor JC de Vera, MMFF Best Supporting Actor Victor Neri, Sinagtala Best Actress Ces Quesada, Cine Filipino Best Actor Karl Medina, and URIAN Best Supporting Actress Perla Bautista. Also in the cast are producer-actor RJ Agustin, Ronwaldo Martin, Kiko Matos, and Alex San Agustin.
Asked why they chose “Kabisera” for an MMFF project, director Real Florido said, “Ang pamilya ang pinaka-importanteng kayaman na mayroon ang Pilipino. Sa bagong hakbang ng MMFF ngayon na magbigay ng higit na makabuluhang pelikula, naisip namin, ‘Bakit di tayo gumawa ng istoryang malapit talaga sa puso ng bawat Pinoy?’ We’re talking about value and what’s more valuable to us than the family?”
On the other hand, the film’s producer RJ Agustin enjoins Filipinos to watch the movie, which, by the way, was inspired by a true story.
“We are inviting them na umupo sa ‘Kabisera,’ manood kasama ang mga mahal sa buhay… let’s stand up for Pinoy films and families.”
The cast and crew of “Kabisera” are scheduled to tour nationwide in support of the film.
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Festive, homemade holiday gifts
What’s sweeter than homemade baked goodies as Christmas gifts paired with creative packaging?
On “Modern Living TV,” Stephanie Zubiri learns how to make the best, scrumptious baked treats that is perfect not only for gifting this Christmas, but also for your very own midnight munching. She also visits a luxurious but reasonably priced house and lot property development in Silang, Cavite.
Now on its 6th season, “Modern Living TV,” hosted by Stephanie and Bianca Gonzalez, airs every Saturday on ANC at 6 p.m., with replays on Sundays at 10:30 a.m.
• • •
Tidbits; Happy b-day greetings today, Dec. 13, go to Senator Manny Villar, Ama Austria, Allan K., Robert Yupangco, Charlie Agatep, Mario Katigbak, Fe delos Reyes, Dr. Hermogenes D. Jarin, Jennifer Strachan, Robert Castañeda, Efren Ocampo, John Hervey Tabije, Mitch Ignacio, Senator Sergio Osmeña III, Naesa Marie Lee Orlina, Luz Torres Caparanga, Nicolo Emmanuel H. Pili, and Mely Fernandez… Happy wedding anniversary to Norcelito and Fely Flores… Dec. 14: Leo Valdez, director Nick Lizaso, Phillip Ella Juico, Nancy Muñoz Chiongbian, Atty. Dan de Padua, Domingo Pabalate, Ryan Palma of California, Danilo V. Clariño, Grace Tapia, Anton San Diego, Datu Junn Duque, Delia Dalucapas of PCSO GM’s office, Shielah A. Martinez, Vergel V. Danaytan, Juiljo Pisk, Eda Nolan, Joshua Dionisio and Mark Herras…Belated b-day greetings to Nick Celino of Ateneo de Manila University from Boy Abunda (Dec. 9)…