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Wednesday, May 14, 2003
J'well's towing, clamping a form of kotong: Yaranon
By May Anne Cacdac
SOME members of the City Council resolved Tuesday to order the Jadewell Parking Systems Corporation to stop their towing and clamping operations, saying the company is not authorized to do so.
Councilor Braulio Yaranon, chair of the Council committee on human rights, justice, public order and security, stressed that the Department of Transportation and Communications (DOTC) has not deputized Jadewell to tow or render immobile vehicles that violate parking regulations.
Citing a letter from DOTC Regional Director Alfredo Mondiguing, dated March 13, 2002, addressed to Jadewell General Manager Rogelio Tan, Yaranon said that "the collection of fines from the towing and clamping operations of Jadewell personnel is actually a form of extortion, pangongotong."
Mondiguing, in his letter, opined that Jadewell parking attendants "cannot be deputized to enforce R.A. 4136 because deputation shall only be extended to members of the PNP/AFP and the regular employees of the government whose work assignment is actually and directly related to traffic law enforcement."
We believe that the towing/clamping by your employees of vehicles for violation of traffic rules and regulation is beyond your authority," he informed Tan.
"Demand is made upon your company to cease and desist from clamping and/or towing vehicles for violation of traffic rules and regulations immediately...otherwise, this office shall be constrained to take the necessary legal and administrative action to protect the rights and interest of the public," DOTC's letter stated.
Section 13 of Ordinance 003-2000 states that "when any motor vehicle is parked in contravention of any of the provisions of this order, the parking attendant...may render such motor vehicle immobile by having the vehicle chained and locked by the use of any device on such vehicle..."
But the ordinance also clarified that "parking attendant means any person and includes any parking supervisor and any member of the enforcement unit appointed by the private parking operator (Jadewell) and duly deputized by the DOTC-LTO..."
Earlier, Jadewell-Baguio General Manager Norma Tan said it reinforced clamping and towing operations in the wake of complaints reaching their office regarding the inconsistent collection of parking regulatory fees from motorists.
"How can we possibly implement the provisions of our memorandum of agreement with the city government properly if we do not employ the necessary tools of enforcement equally on all motorists. It would just be like sending a soldier to war without a gun or a student to school without books," she was quoted as saying.
Meanwhile, Councilor Delfin Balajadia said that although Jadewell will be asked to stop their towing and clamping operations, this should not stop the city government from collecting the money that Jadewell owes the city.
This developed after the councilors were presented an audit report on Jadewell, which disclosed that the company owes the city government a P22.1 million share in the collection of parking fees.
The report, which covers the period of December 2000 to March 2002, showed that Jadewell has an under remittance of P4.5 million in collection of parking fees and an unremitted P17.6 million in collection of fines.
Almaya Agawe of the City Accounting Office told the aldermen that Jadewell is only remitting not lower than P86, 174 a month to the city, even if it is also collecting from off-street parking, which includes the Ganza area.
Agawe also disclosed that Jadewell declared a mark up and 'bloating' expenditure. "Jadewell is not giving enough documents, making our audit limited."
She added that Jadewell declared that they have eight tow trucks but only two were used and 25 parking meters while only 19 were installed.
Agawe added that Jadewell gives expenditure vouchers with no particulars.
Yaranon and Balajadia, together with Councilors Edilberto Tenefrancia, Galo Weygan and Elmer Datuin, held a joint committee hearing Tuesday afternoon supposedly to discuss various complaints on Jadewell's towing and clamping operations as well as the audit report on the city's share from its operation. With reports from Cristopher Pobre & Ginalyn Manzano
(May 14, 2003 issue)
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