I am the lawyer of Brgy. Captain Vic Buendia in his administrative case against Mayor Michael Rama that led to the suspension.
Just saw from Mr. Michael Rama's post the letter of former DPWH District Engineer Fernando Cruz to Brgy. Captain Victor Buendia for the removal of the construction of the center island project because it poses a danger under the Philippine Highways Act. Mr. Rama also wrote an "apologia" why he ordered the demolition of the then ongoing project.
These are aimed to defang the Order of Preventive Suspension issued by the Office of the President on said demolition. Mr. Rama surely has every right to bring his case to the public. So does Cap Buendia whose project was the hapless victim of all these.
To address in specific points:
1. No specific provision of the Philippine Highways Act was cited by Mr. Cruz why Mr. Buendia's project violated said law that posed a danger to the traveling public. Therefore, as to why the center island is dangerous to the public, Mr. Cruz does not explain.
2. The city engineer, on the other hand, did write a letter to Cap Buendia to stop the construction because of lack of permit fees from DPWH. Buendia secured said permits, and for that reason, the city engineer wrote a succeeding NOTICE TO PROCEED with the project to Buendia. So it is not true that Cap Buendia proceeded with the project without the necessary clearance. Cap Buendia would never had proceeded with the project without the go ahead of the City Engineer's office.
3. Contrary to the representations of Mr. Rama, it was he (not DPWH) who FIRST wrote a letter to Cap Buendia to stop the project by stating that the said project posed a traffic hazard to the riding public. This was after he initially approved the project. Why a center island project is a traffic hazard, he did not explain. When Buendia asked Mr. Rama why he stopped the project, Mr. Rama said that in Japan, the streets do not have any center islands or dividers. Cap Buendia found the depth of Mr. Rama's logic unfathomable.
4. It was after Mr. Rama wrote his letter, that DPWH Cruz wrote his "me too" letter. Why Cruz wrote the letter after the project was legally under way continues to be a source of puzzlement.
5. Which is why Cap Buendia sued Mr. Rama, the City Engineer and Cruz in the RTC where it is still pending. Cruz was represented by the Solicitor General who raised this letter, among others, as a defense. Mr. Rama also filed a motion to dismiss saying that the project was a nuisance per se. Mr. Rama never mentioned the DPWH letter.
ALL THE REASONS (INCLUDING THE DPWH LETTER) RAISED AS REASONS FOR DISMISSAL OF THE CASE WERE REJECTED BY THE COURT.
So contrary to the what the camp of Mr. Rama is saying, it was not only the Office of the President that found the defenses of Mr. Rama and Mr. Cruz unworthy of belief.
6. The alteration of the sequence of events, selective representations and more often misrepresentations, coupled with motherhood statements can all be disproven with the documents in my possession. I will be presenting these in a press conference shortly.
source:
www.facebook.com/benjamin.mili...ts/10206102263774614