SC rules on Jadewell cases-A A +A
Monday, June 9, 2014
THIS is one for the books.
More than 10 years after the parking management's entry into the Summer Capital the Supreme Court has finally ruled on several cases filed by Jadewell against Baguio City officials and vice versa.
In the ruling issued by Chief Justice Maria Lourdes Sereno on April 23, the high court of the Philippines decided on separate petitions surrounding the Jadewell saga.
"In G.R. No. 160025, the Petition of the Sangguniang Panlungsod of Baguio City is DENIED. The CA (Court of Appeals) Decision date 7 July 2003 in CA G.R. SP No. 74756 is hereby AFFIRMED with modification. There is not enough evidence on record to conclude that Jadewell’s violations were sufficient to justify the unilateral cancellation of the MOA by the Sangguniang Panlungsod of Baguio City; at the same time, neither the RTC nor the CA provided a clear finding whether the breach of the MOA by Jadewell was substantial. We affirm the CA as to the rest of its dispositions in its assailed Decision. Nevertheless, no award of damages is hereby made in favour of Jadewell and neither is there any pronouncement as to costs."
Violations enumerated by the City Council then were the failure of Jadewell to install parking meters for each parking space as specified in Section 3-F of Ordinance No. 003-2000; failure to install a solar powered device to measure the time a vehicle stays in a parking lot; failure to remit to the City its rightful share from parking fees collected; and failure to post a performance bond of P1 million after previous bond expired.
On the other hand, SC dismissed the contempt petitions against former mayors Braulio Yaranon, Bernardo Vergara, then acting mayor Reinaldo Bautista, former vice mayor Betty Lourdes Tabanda, then City Council members Elmer Datuin, Antonio Tabora, Edilberto Tenefrancia, Federico Mandapat Jr. Richard Cariño, Rufino Panagan, Leandro Yangot Jr., Rocky Thomas Balison, Galo Weygan, Perlita Chan-Rondez, Jose Molintas, and Judge Fernando Vil Pamintuan.
This as the high court also dismissed the disbarment case against Balisong, Tenefrancia, Olowan, Mandapat, Chan-Rondez, Molintas, City Legal officer Melchor Carlos Rabanes and Yaranon for lack of merit.
The SC also denied the Petition for Certiorari of Jadewell.
“We…rule that the CA (Court of Appeals) did not commit any error in treating Jadewell’s Petition for Certiorari as an original action for injunction,” the SC decided on the treatment of Jadewell’s petition as one for permanent injunction.
A Petition for Certiorari is a writ issued by a superior court directing an inferior court, tribunal or other public authority to send the record of a proceeding for review.
Meanwhile, “the question of law raised by petitioner Yaranon in this Petition for Review on Certiorari is whether the CA correctly dismissed his appeal questioning the validity of his suspension from office as City Mayor, on the ground that his suit had become moot and academic due to his non-reelection to his office.
“For his part, Mayor Yaranon contends that the appellate court should have ruled on the validity of his suspension from office despite his failure to get re-elected as City Mayor. He argues that he has the right to know whether his suspension was valid or not and, in the event his suspension is declared invalid, Mayor Yaranon believes he is entitled to the salaries and benefits accruing during the period he was suspended.
“We deny the Petition of Mayor Yaranon.
“Mayor Yaranon has already served his suspension. We find no practical value in remanding his case to the appellate court for the determination of the factual basis and legal issues to his appeal pertaining to the validity of his suspension as then City Mayor of Baguio City,” the SC ruled.
In 1999, Jadewell proposed to privatize and administer on-street parking in the city.
In 2000, the City Council penned Resolution No. 159, Series of 1999, authorizing the City Mayor of Baguio to negotiate and enter into a Memorandum of Agreement with Jadewell.
It was in the same year when the City Council confirmed the MOA.
Complaints steadily gained steam after cases of clamping vehicles were conducted by Jadewell personnel. The public then questioned the authority of Jadewell to tow away cars and to demand parking fees even in areas where parking meters were not installed.
Published in the Sun.Star Baguio newspaper on June 10, 2014.