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Baguio residents score anew vs. Jadewell

BAGUIO CITY (April 27) — Residents of this summer capital city scored anew when the Regional Trial Court (RTC) here issued an order stopping Jadewell Corporation’s (Jadewell) collection of parking fees in public streets.

Judge Fernando Vil Pamintuan, of the RTC Branch 3, granted the petition of Benedicto Balajadia et.al. asking the court to stop Jadewell supervision and collection of parking, towing and impounding fees; fines; and penalties in the roads, streets and parks of this city.

In the year 2000, the City Council passed City Ordinance No. 003 which was the basis for the City Government, as represented by then Mayor Mauricio Domogan, to enter into a Memorandum of Agreement (MOA) with Jadewell for the latter to collect parking fees in all public streets, roads, and parks.

The MOA shows that 80 % of the gross collection of street pay parking fees will go to Jadewell while only 20 % goes to the city government.

Some residents questioned the constitutionality of City Ordinance No. 003 as they believed that the City Government taxation and police powers were abdicated to a private corporation. They said these powers cannot be delegated to a private corporation, besides the agreement is disadvantageous to the government. The constitutionality of the ordinance has not yet been acted by the court as of press time.

The order Pamintuan issued on April 19 stated that all the elements for the issuance of prohibitory injunction against Jadewell are present namely: there exists a substantial right in favor of the applicant which has to be protected by the writ; there is imminent danger that this right may be prejudiced or dissolved if not protected by the said writ; and that the possible violation or continuing violation of said right will cause irreparable damage or result to prejudice of the applicant.

The order stated that the plaintiff will deposit P1,000,000 bond that will answer any damage that it will cause to private defendants, if the final decision will be issued in their favor.

Jadewell lawyers are now preparing to file a motion for reconsideration on the decision at the same court. Lawyer Emiliano Gayo, Jadewell’s main counsel, is entertaining to file a contempt case against Judge Pamintuan as his latest decision allegedly failed to consider the rulings of the RTC Branches 7 and 61 which upheld the validity of Ordinance 003. The said rulings were appealed in the higher courts but they have not yet been decided as of press time. # Arthur L. Allad-iw for NORDIS

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