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Amid legal battle, urban poor want Baguio parks and streets back

BAGUIO CITY (Jan. 19) — While there is a legal warfare on the issue of pay-parking in city streets and parks, the city’s urban poor want the streets free from private business control, supporting the city mayor’s move to cancel a private parking company’s right to operate.

ORNUS, an urban poor organization in the city said, if there are people who should benefit from the streets, it should be the city’s urban poor who make up a large portion of the Baguio population.

Geraldine Cacho, ORNUS chairperson emphasized that no private corporation should profit from parking fees. “Malaki na ang nakuha ng Jadewell sa parking spaces na iyan. Dapat ibalik na sa gobyerno ang management ng parking lots at ibalik sa mamamayan ng Baguio ang mga kalye,” (Jadewell has generated a huge amount of money. It should return the management of parking lots to the government and the streets be given back to the people).

Yaranon cancels Jadewell business permits

Baguio Mayor Braulio D. Yaranon referred to Article 20 of the New Civil Code and two other court decisions in two of his executive orders that revoked the business permits of Jadewell Parking Systems Corporation (Jadewell).

“Streets being properties of public dominion are outside the commerce of man. Thus, no private person can have a property right in the use of a street for his private business except by virtue of a franchise, nor can he acquire over it such a right as would require the exercise of possessory actions.”

On Jan. 18, Yaranon issued Executive Order No. 003 series of 2005 revoking and canceling Business Permit No. R-497-2003. An earlier Executive Order came out on January 7, revoking and canceling Business Permit No. R-4111-04. He invoked the city’s Revised Revenue Code or City Ordinance No. 2000-001, which grants the city mayor “authority to revoke any business permit for cause or in the interest of the public”.

He said the parking lot near Ganza has been operating without proper business permit. Likewise, Jadewell’s operations along the city’s streets are illegal because the mayor said, no government authority allows the use of public property for private benefits.

Last December 20 and 22, 2004 Yaranon issued Administrative Order No.622 and 626, respectively which required Jadewell to explain within five days why its business permits should not be revoked.

Snail-paced legal warfare

Atty. Emiliano Gayo, Jadewell’s legal counsel looks at the executive issuances as forms of harassment against his client. He said that Jadewell used the EOs to support an urgent motion before the Department of Interior and Local Government (DILG), which has been studying cases filed by Jadewell against the city mayor.

On November 24 last year, a case investigation was held under the auspices of the DILG to resolve cases. Jadewell asked for the suspension of Yaranon and moved that the hearings be held in another place but Baguio City.

Yaranon, standing as lead counsel for himself, however, countered that the hearings be conducted in the city since the complainant is doing its business in Baguio and that the respondent is the present mayor.

Atty. Romeo Benitez, DILG hearing officer, deferred ruling on the administrative proceedings until after Yaranon has submitted his opposition to the motions by Jadewell.

There are other cases filed in the courts and one has been resolved. It was appealed to the court of first instance which reversed the earlier decision of the lower court. It is now in the Supreme Court for final decision.

Return the streets to the public

The organized urban poor group observes that vendors plying their wares along the streets are getting harassed and their makeshift stores dismantled by city authorities. Ironically, Cacho says, a large portion of the city streets is being controlled by Jadewell.

Cacho also reveals that only three units of public utility jeepneys are allowed to park in the streets. She added that the terminals and jeepney routes had to be rationalized.

“Nahihirapan ang commuters na pumipila sa mga terminal dahil walang espasyo para sa mga PUJs,” (Commuters find it difficult to line up in the terminals because there are no spaces left for PUJ terminals) Cacho said.

Even candle and flower vendors had to pay Jadewell for the use of a portion of Harrisson road, Cacho recalled. She said these fees should not go to Jadewell’s bankbooks but to the city’s coffers. She said the earnings the city would get from the parks and streets should serve its population and not enrich one family, who are not Baguio residents.

Almost 40 employees maintain Jadewell’s parking operations. According to Cacho, the city government is capable of employing these workers should the income from the streets and parks be collected by the government.

There’s money in the streets

Twenty percent of gross income or 50% of net income, whichever is higher is remitted by Jadewell to the city. Jadewell proprietor Norma Tan said that for its 2004 operations, the city treasurer’s office collected P116,320.30 in business taxes. Tan claims having remitted around P7 million to the city treasury since 2000.

Parking fees are at P20 for the first two hours and an additional P10 for the succeeding hours. These are paid in any of the 14 parking machines installed along Lake Drive, Session and Harrison roads. There are 29 streets being maintained by the pay and display parking system of Jadewell.

Aside from the streets, the parking system includes that of the Burnham parking lot near Ganza Restaurant. Yaranon said these were established on public funds for park visitors.

Concilliatory Move

Will another council resolution solve conflict of interpretation of the laws surrounding the issues involving the pay parking spaces?

In his bid to resolve issues and to explore options to settle conflicts on interpretations, Councilor Jose Mencio Molintas filed a proposed resolution to create a special committee in the council to initiate appropriate talks. The proposed resolution will also try to bring into a talking point the possible rescission of two memoranda of agreement implementing city ordinance 003-2000, which allowed Jadewell’s operations.

Molintas said that there is a need to determine and facilitate the collection of the city’s legitimate share in the parking fees collected by Jadewell.

No compromise

While Tan sees the councilor’s move justified, the mayor, however, said there is no basis for compromising a criminal offense.

Yaranon has begun taking action against alleged irregulaities that surround the Jadewell contract. In another EO, he directed the Pre-qualification Bids and Awards Committee to explain how Jadewell was declared as a qualified bidder and thus, awarded a build-operate-transfer for street-parking. He said that Jadewell did not possess the ten-year pay-parking business experience required. # Lyn V. Ramo for NORDIS

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