Wednesday, January 14, 2009 Court denies TRO on pay parking
THE SECURITY camera in front of the Integrated Bar of the Philippines (IBP) building and the parking fee in the area will stay, as Regional Trial Court Judge Silvestre Maamo Jr. denied the lawyers’ application for temporary restraining order (TRO) and writ of preliminary injunction.
Maamo said issuing the writ is prejudicial to the main case, which is for permanent injunction.
“If this court shall issue the desired writ...it would be a virtual acceptance of the claim that the imposition of parking fees is patently invalid at the very least, that the subject ordinances are of doubtful validity, or that the official act of the defendant Provincial Governor of Cebu authorizing the installation of the CCTV (closed-circuit television) camera is illegal,” read Maamo’s resolution.
The court was referring to an ordinance that specified the powers and duties of the Economic Enterprise Council (EEC) of the Province. The EEC approved the collection of parking fees as part of Capitol’s “corporate power.”
Meanwhile, the head of the IBP Cebu Chapter is supporting the injunction suit against the Province.
“I believe in a democratic process. Everybody has the right to question,” lawyer Noel Adlawan, IBP Cebu Chapter president, said.
The IBP has not made known its position on the matter.
In a hearing called to discuss Club’s prayer that the court issue a TRO, even Judge Maamo wondered why.
“The court would like to be clear about this. Apparently, there are two personalities involved. There is the IBP city and province, and then they are separate from Club,” he said.
Cebu Provincial Attorney Marino Martinquilla said this indicates that the organization sees Gov. Gwendolyn Garcia’s authority to collect parking fees and install the camera.
But lawyer Edgar Gica, counsel for the Club, said all lawyers in the City and the Province oppose the Capitol.
More lawyers intend to pursue the case, calling it a “public issue.”
Intervenors
Lawyers Manuel Paradela, Democrito Barcenas and Florencio Villarin intend to join the suit as plaintiff-intervenors.
The Capitol opposed the intervention as this might muddle the case.
The complaint in intervention named Gov. Gwendolyn Garcia, the PB and the provincial administrator as defendants. It also wants the declaration of unconstitutionality of the imposition of parking fees as well as prayer for TRO and preliminary prohibitory injunction.
American occupation
The complaint said that since the American occupation, the Capitol compound has always housed public offices.
The lawyers also said there was no public consultation done on the matter.
The Provincial Government replied, “It should be emphasized that free parking is not and has never been a right of any individual. Not under any of our laws. Not under our Constitution.”
The EEC, for its part, will meet today to discuss if the Province will issue a “seasonal” parking rate for the lawyers.
Lawyer Rory Jon Sepulveda, Capitol information consultant, said the ECC acknowledged a seasonal pass for the lawyers’ groups. Cebu Gov. Gwendolyn Garcia heads the EEC.
But the Province needs to come up with fix rate for the issuance of parking pass and mechanics for it.
For her part, Governor Garcia said she may or may not grant the lawyers’ request for a seasonal pass.
But the governor said she would be happy if the lawyers will provide free legal services to residents in the Province in exchange for the issuance of a seasonal pass.
“The Provincial Government is willing to support the establishment of a legal library but we just wanted to make sure that provincial residents also avail of free legal assistance from the IBP because in the past they are only focused on granting legal assistance to Cebu City residents,” said Sepulveda. (JGA/KNR/GMD)
