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Friday, December 05, 2003
City legal officer to be told to recover Ganza parking area
By Ernie N. Olson Jr.
BAGUIO City Councilor Braulio Yaranon has introduced another proposed resolution last Tuesday to direct City Legal Officer Melchor Carlos Rabanes to file, after appropriate demand, requisite judicial proceedings against Jadewell Parking Systems Corporation for the recovery of the Ganza parking area at Burnham Park.
He also called for "an accounting of the public funds collected by the private entity from the users thereof and to seek a deposit of collections from parking area with the court, subject to the outcome of the case, and for other appropriate relief."
"As per report of the special audit team, the occupancy and operation of the Ganza parking area at Burnham Park by Jadewell is not covered by any contract authorized by the City Council, in clear violation of the Local Government Code," Yaranon said.
He cited Section 23(c) of Republic Act 7160, which states that, "unless provided in this Code, no contract may be entered into by the local chief executive in behalf of the local government unit without prior authorization by the legislature concerned. A legible copy of such contract shall be posted at a conspicuous place in the provincial capitol or the city, municipal or barangay hall."
He pointed out that failure of the City Government to take appropriate action for the immediate recovery of the Ganza parking area, as well as the collections from there, "is prejudicial and disadvantageous to public interest and to the government."
Yaranon said because of this, local officials may be held accountable for the loss of collections from there, and their failure to take appropriate action may constitute neglect and their dereliction of public duty.
However, in an earlier interview with Jadewell Baguio general manager Norma Tan, she pointed out that the Ganza parking area has been included by the city government as among the designated pay parking areas listed in Annex A of the memorandum of agreement (MOA) entered into between them and Baguio Rep. Mauricio Domogan when he was still sitting as city mayor on June 26, 2000.
She said this was also included in the Revised Annex A also signed by Mayor Bernardo Vergara, City Planning & Development Coordinator Arturo Orig and Jadewell president and chief executive officer Rogelio Tan on Oct. 24, 2001.
A supplement to the MOA, which was also entered into between Domogan and Tan on August 31, 2000, clarified that the Ganza parking area has been included in the MOA's Annex A "because the Philippine Tourism Authority owns the same and it is managed only by the City of Baguio in accordance with Executive Order No. 224."
It stated that "the supplemental MOA shall continue to exist and remain binding between the city government of Baguio and Jadewell Parking Systems Corporation during the time the city remains the administrator of Burnham Park under the abovementioned executive order."
"That the facilities, management and operation of the Ganza parking space now be transferred by the Burnham Park Management Committee, represented by (then) Mayor Mauricio Domogan, to Jadewell Parking Systems Corporation so that the latter can immediately commence the rehabilitation, renovation and beautification of the place at no cost whatsoever to the City Government of Baguio," it added.
(December 5, 2003 issue)
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