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Jadewell out! — City dads

BAGUIO CITY (August 4) — In the wake of a recalled Malacañang order for the suspension of Baguio City Mayor Braulio D. Yaranon, the city council in a special session on August 1, came up with a consensus that the operation of the Jadewell Parking Systems Corporation (Jadewell) should stop, but the councilors have yet to agree on how to do about it.

Yaranon received the order for a two six-month suspension on July 5 arising from an administrative case filed by Jadewell against him before the Department of Interior and Local Government (DILG). The DILG recalled the suspension order later.

The council executive session on August 1 was converted into a special session and accommodated city residents who all spoke against Jadewell’s operations.

“We will do what we can do without going to court,” Councilor Jose Mencio Molintas said, after almost all the city’s lawmakers appeared afraid of getting into another court case from Jadewell.

“We have to be in a position where we can charge Jadewell and not it charging the city council in court,” Councilor Perlita Rondez agrees.

The session turned out heavy with discussions on legal and extra-judicial remedies but no agreement was reached except for another date to further the deliberations.

Everyone wants Jadewell off Baguio streets

“No member of the city council is in favor of Jadewell staying in the streets. All of us are one with the people who want the Jadewell to leave,” Councilor Erdolfo Balajadia said during the special session. He is against extra-legal remedies against the pay-parking magnate and expressed concerned that Jadewell resorts to court processes in retaliation for whatever action.

Balajadia reacted to Atty. Guillermo Bandonill who said that the people of Baguio have spoken and the fate of the city is now in the hands of the council. Bandonill refers to the 47,000 signatures Crusaders Against Jadewell (Crusaders) has in possession at the time of the special session.

Even media personality Cecile Afable spoke her mind saying,”Why cannot you be nice to the people who voted you into the council? Why should you be afraid, we can get 100,000 for you, but first let us drive Jadewell out of Baguio,” Afable challenged the local lawmakers.

Aside from Crusaders spokespersons Bandonil and Nelia Cid, Baguio residents were represented by market and allies for development’s Leonora Guinid, Rosa Bengwayan of the Burnham Bicycle Association, Pacita Gurgon of the Hilltop market, Manny Loste of Bayan Muna and Jeannette Ribaya of the Tongtongan ti Umili.

Loste said it was the council which created a monster by enacting a law that it could not get rid of at the end of the day.

Ribaya pointed out that not only the hard lessons learned from the Jadewell experience should be noted, but also the accountabilities. “Ordinary people know who may be behind this (mess),” she said.

Carlito Wayas, chair of Pagkakaisa ng mga Samahan ng Tsuper at Operators Nationwide (Piston-Metro Baguio) represented ordinary drivers. He revealed that some drivers’ association shell out P500 a day for parking spaces.

“Kayat min a mapaikkat t Jadewell kadagiti parking lot ken kalye. Kayat min nga isubli ti syudad kadagiti umili,” (We want Jadewell out of the parking lots. We want to return Baguio to the people) Wayas told the council.

Legislative actions

Prior to the special meeting, several councilors submitted proposals on how to go about ridding city streets of Jadewell. In the July 24 session, the proposed resolution by councilors Jose Molintas and Rocky Thomas Balisong wanted the city legal officer to notify Jadewell of the intention of the city to rescind the Memorandum of Agreement (MOA) it entered into on June 26, and the supplemental MOA on August 31, both in 2000.

In the same session, the council took up the motion by councilor Perlita Chan-Rondez which sought for a notarial or judicial rescission of the same MOAs.

Molintas further moved for the review of the MOA and the evaluation of its implementation in relation to Ordinance 003-2000. Molintas maintained that 003-2000 amended city ordnance 13-83, which he said, has been repealed by ordinance 7-84. The Molintas proposal was referred to the Committee on Laws on July 29, which Councilor Elmer Datuin heads.

“How could have the former city council amend something that has been repealed long ago?” Molintas asked his colleagues. He further argued that the traffic ordinance amended by 003-2000 was only for street parking along Session Road.

An earlier proposal by Molintas, Balisong, Galo Weygan, Leandro Yangot and Balajadia asked Yaranon to immediately issue an administrative order effecting the taking over of Ganza Parking lot and other pay parking streets at Burnham Park in order to put order within the premises and to order the corresponding personnel to effect the take-over. This has been forwarded to the Committee on Laws on July 23.

Earlier on July 31, Crusaders, a non-political, non-profit, and non-denominational group, availed of the citizen’s forum portion of the legislative process after it submitted a petition for the repeal of Ordinance 003-2000, which gave Jadewell the authority to conduct a pay-parking business along city streets.

Councilor Daniel Fariñas, however, moved for a possible mediation or a compromise agreement to settle some pending cases in court. Some councilors are not so optimistic at going through mediation because of the nature of their opponent Rogelio Tan.

Getting rid of the MOA

The councilors are all aware of Jadewell’s violations to the MOA that they entered into with then Mayor Bernardo Vergara. These violations were cited in city resolution 037-2002, which rescinded the MOA. Vergara however vetoed the rescission on March 1, 2002, but the council overturned the veto on April 17 that year.

For its rescission in 2002, the council was charged in court by Jadewell, which invoked the five-year anti-rescission guarantee of the MOA. On October 8, 2002 Judge Antonio Reyes of the Branch 61 of the Regional Trial Court decided in favor of Jadewell and declared both the rescission and the overriding resolutions null and void. The council has a pending appeal on the case with the Supreme Court.

People’s initiative petition

The city council has 30 days to act on the people’s initiative petition led by the Crusaders.

“If the 30-day period lapses without a council action, we will be constrained to go to the Commission on Elections (Comelec), for the people’s initiative that may lead to a referendum, businesswoman Nelia Cid, Crusaders spokesperson said.

Molintas, however, said that the referendum would be very expensive for the government. “We shall try to speed up processes so as to come up with action to spare the people’s money and resources from being wasted.

Another special session was set on August 15. # Lyn V. Ramo for NORDIS

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